Practice question
A defendant was 72 years old when committing the offense. The defendant argues that Article13(2)'s age circumstance alone automatically requires acquittal. Is that correct?
- Yes; all offenders over 70 are exempt.
- Yes; age erases every act.
- Yes; the court may ignore all offense elements.
- Yes; Article13 abolishes punishment for adults.
- No; the specified age is mitigating, not by itself an automatic exemption.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Revised Penal Code Article13(2) and(7).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70223 — Loza v. People, G.R.258592, August12 2025, MAIN en banc opinion, voluntary surrender and totality of circumstances.
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