Penalty To Be Imposed When Not All The Requisites Of Exemption Of The Fourth Circumstance Of Article 12 Are Present


Art. 67.

When all the conditions required in circumstances Number 4 of
Article 12 of this Code to exempt from criminal liability are
not present, the penalty of arresto mayor in its maximum period
to prision correccional in its minimum period shall be imposed
upon the culprit if he shall have been guilty of a grave felony,
and arresto mayor in its minimum and medium periods, if of a
less grave felony.

Requisites of Art. 12 par.4
1. act causing the injury must be lawful
2. act performed w/ due care
3. injury was caused by mere accident
4. no fault or intention to cause injury

NOTE: If these conditions are not all present, then
the following penalties shall be imposed:
1. grave felony – arresto mayor maximum to prision
   correcional minimum
2. less grave felony – arresto mayor minimum to
   arresto mayor medium



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