Duress - national proceedings

Philippines

The Revised Penal Code of the Philippines

Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter Two
JUSTIFYING CIRCUMSTANCES and Circumstances which Exempt from Criminal Liability

ARTICLE 12. Circumstances which exempt from criminal liability.
— the following are exempt from criminal liability :

5. Any person who acts under the compulsion of an irresistible force.

Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter Two
JUSTIFYING CIRCUMSTANCES and Circumstances which Exempt from Criminal Liability

ARTICLE 12. Circumstances which exempt from criminal liability.
— the following are exempt from criminal liability :

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or

(ii) Constituted by other circumstances beyond that person's control.