Compulsion due to irresistible force as exempting circumstance

In People v. Dansal,[1] the Supreme Court held that a person invoking the exempting circumstance of compulsion due to irresistible force admits in effect the commission of a punishable act, and must therefore prove the exempting circumstance by clear and convincing evidence. Specifically:
He must show that the irresistible force reduced him to a mere instrument that acted not only without will but also against his will. The compulsion must be of such character as to leave the accused no opportunity to defend himself or to escape.

The duress, force, fear or intimidation must be present, imminent and impending; and it must be of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. A speculative, fanciful or remote fear, even fear of future injury, is insufficient.[2]

[1] 341 Phil. 549 (1997). 

[2] Id. at 566-567.


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