In this topic, we shall talk about lawful, insuperable cause as an exempting circumstance in Criminal Law. Exempting circumstances are those in which the agent of the crime lacks all of the criteria that would render an act voluntary, and so, while there is no criminal liability, there is civil responsibility.
The crime is committed but there is no element of voluntariness in the offender’s person, therefore he is not criminally liable but civilly liable, particularly under the exempting conditions of unfortunate incident and lawful or insuperable causes.
Article 12 paragraph 7 of the Revised Penal Code provides circumstances which exempt from criminal liability.
“any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.”1
To comply with the above-mentioned article following elements must be present:
- That an act is required by law to be done;
- That a person fails to perform such act;
- That his failure to perform such act was due to some lawful or insuperable cause
X confessed to a Filipino priest that he and several other persons were in conspiracy to commit treasonous activities against the Government, while the government is at war with another country. Under Art. 116, a Filipino citizen who knows of such a conspiracy must report the same to the governor or fiscal of the province where he resides.
If the priest does not disclose and make known the same to the proper authority, he is exempt from criminal liability, because under the law, the priest cannot be compelled to reveal any information which he came to know by reason of the confession made to him in his professional capacity.2
Insuperable Cause
To begin with, what is an insuperable cause?
In criminal law, an “insuperable cause” is a factor or event that makes it impossible for an individual to comply with the law. An insuperable cause is also known as a “legal excuse” or a “justification.”
Insuperable only means insurmountable. An insuperable cause is one that has legally, morally, or physically hindered a person from doing what the law requires. Basis? Absence of Intent.
This incident must be judged insurmountable, which means it cannot be overcome or resolved by any reasonable means. Furthermore, the incident must be lawful, which means that it is not the consequence of any illegal or wrongful activity on the part of the party seeking to use it as a defense.
In the case of US vs. Vicentillo,3
The failure of a policeman to deliver the prisoner lawfully arrested to the judicial authorities within the prescribed period because it was not possible to do so with practicable dispatch as the prisoner was arrested in a distant place would constitute a non-performance of duty to an insuperable cause.4
Under the law, the person arrested must be delivered to the nearest judicial authority at most within thirty-six [36] hours;5 otherwise, the public officer will be liable for arbitrary detention.
The distance that needed a three-day trip was regarded as an insurmountable obstacle, hence, insuperable cause. As a result, it was decided that the accused was not guilty or was exempted from criminal responsibility.
Furthermore, in the case of People vs. Bandian,6
A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket where said child died, is not liable for infanticide, because it was physically impossible for her to take home the child.7
The severe dizziness and extreme debility of the woman constitute an insuperable cause.7
How does insuperable cause relate to a lack of criminal intent?
One of the justifications for the agent of the crime’s exemption from penalty under Article 12 paragraph 7 is that he or she lacks any of the circumstances that make the act voluntary or negligent.
The absence of intelligence, freedom of action, or intent, or the absence of negligence on the part of the accused, are the basic grounds for exempting the accused from punishment. However, it should be noted that the defendant bears the burden of proving that any of the conditions constitutes a defense and must be shown to the satisfaction of the court.
A lawful, insuperable cause is a defense that can be used in a criminal case to indicate that the accused may not have committed an act with the intention to perform a criminal act. This defense can be used to show that the accused did not have criminal intent when he or she perpetuated the supposed offense.
Hence, the accused will not be found guilty of the crime if he is able to prove that his actions were in accordance with existing laws, rules, and regulations. In other words, if the accused is successful in proving he has been prevented by lawful insuperable cause from doing a lawful act mandated by law, the omission of which is a criminal act, he cannot be considered guilty thereof.
Summary
If you know what is lawful, insuperable cause, you will know if someone who did a criminal act is still protected by law. In criminal proceedings, a lawful, insuperable cause may be used as a defense. This is anchored on the doctrine of lack of criminal intent to perpetrate a crime.
The absence of criminal intent can be inferred from the existence of such lawful, insuperable cause. It is a valid defense when the accused claims that he was prevented from carrying out a legal obligation because of a preexisting rule of law, even if failure to do so will constitute a criminal offense.
The concept of an insuperable cause is an important consideration in criminal law as it allows for a more nuanced understanding of the circumstances surrounding a particular crime and can help ensure that justice is served in a fair and equitable manner.
Conclusion
To recap, exempting circumstances are defenses where the accused committed a crime but is not criminally liable. There is a crime, and there is civil liability but no criminal. The lack of freedom, intelligence, intent, or due care—all of which are necessary for an action or omission to be considered voluntary—is the underlying justification..
The crime is committed but there is no element of voluntariness in the offender’s person, therefore he is not criminally liable but civilly liable, particularly under the exempting conditions of unfortunate incident and lawful or insuperable causes.
Thus, the following are the elements must always be present:
(1) that an act is required by law to be done;
(2) that a person fails to perform such act; and
(3) that his failure to perform such an act was due to some lawful or insuperable cause.
An insuperable cause is a cause that actually prevents a person from doing an act that is lawfully required of him. As the name implies, a lawful cause is one that does not violate the law but does hinder the individual from carrying out a legitimate action.
Unless the conditions of the bank secrecy legislation, the anti-money laundering law, the foreign currency deposits law, or other related bank laws are met, a bank employee is not permitted to disclose information about his clients’ bank records.
- Article 12, par. 7 of the Revised Penal Code[↩]
- Sec. 24[d], Rule 130, Rules of Court[↩]
- G.R. No. L-6082, March 18, 1911[↩]
- Ibid.[↩]
- Article 125, Revised Penal Code[↩]
- G.R. No. 45186, September 30, 1936[↩]
- Ibid.[↩][↩]