Quick answer

Justifying and exempting circumstances both result in no criminal liability, but they do so on different theories, and the distinction has real consequences. Justifying circumstances are those where the act done is considered lawful, so there is no crime and consequently no criminal liability, and generally no civil liability either, because the person acted within the bounds of the law; the emphasis is on the act being justified. Examples are self-defense, defense of relatives, defense of strangers, avoidance of a greater evil (state of necessity), fulfillment of a duty or lawful exercise of a right or office, and obedience to a lawful order of a superior. In a justifying circumstance, since the act is lawful, there is no criminal and generally no civil liability (with the notable exception of avoidance of a greater evil, where the persons benefited by the act bear civil liability in proportion to the benefit). Exempting circumstances, by contrast, are those where a crime is committed, that is, the act is wrongful, but the actor is exempted from criminal liability because they acted without the intelligence, freedom, or intent (voluntariness) that criminal liability requires; the emphasis is on the actor being excused. Examples are insanity or imbecility, minority (below the age of criminal responsibility), accident, irresistible force, uncontrollable fear, and lawful or insuperable cause. Because in exempting circumstances a wrong was committed but the actor is excused, there is generally civil liability (except in the case of accident and lawful/insuperable cause), which may be borne by the actor or, in some cases, by another person (such as a parent or guardian). So the key difference is that justifying circumstances make the act lawful (no crime, generally no civil liability), while exempting circumstances excuse the actor for an otherwise wrongful act (no criminal liability, but generally with civil liability).

Both Result in No Criminal Liability

Both justifying and exempting circumstances result in no criminal liability — but on different theories, with different consequences.

Justifying: The Act Is Lawful

Justifying circumstances make the act lawful — no crime, and generally no civil liability. Examples: self-defense, defense of relatives/strangers, state of necessity, fulfillment of a duty, obedience to a lawful order. (Exception: state of necessity — those benefited bear civil liability.)

Exempting: The Actor Is Excused

Exempting circumstances mean a wrong was committed but the actor is excused for lack of intelligence, freedom, or intent. Examples: insanity, minority, accident, irresistible force, uncontrollable fear. There is generally civil liability (except accident and lawful/insuperable cause).

Practical Takeaways

Frequently Asked Questions

What is the difference between justifying and exempting circumstances? Justifying circumstances make the act lawful, so there is no crime and generally no civil liability. Exempting circumstances involve a wrongful act, but the actor is excused for lack of intelligence, freedom, or intent, generally with civil liability.

What are examples of justifying circumstances? Self-defense, defense of relatives, defense of strangers, avoidance of a greater evil (state of necessity), fulfillment of a duty or lawful exercise of a right or office, and obedience to a lawful order of a superior.

What are examples of exempting circumstances? Insanity or imbecility, minority below the age of criminal responsibility, accident, irresistible force, uncontrollable fear, and lawful or insuperable cause.

Is there civil liability in these circumstances? In justifying circumstances, generally no civil liability, except in avoidance of a greater evil where those benefited bear it. In exempting circumstances, there is generally civil liability, except in accident and lawful or insuperable cause.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.