Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. (Art. 12, Par. 7, RPC)


What is insuperable cause?

Insuperable means insurmountable. Insuperable cause is a cause which has lawfully, morally or physically prevented a person to do what the law commands.


Elements:

(1) That an act is required by law to be done;
(2) That a person fails to perform such act;
(3) That his failure to perform such act was due to some lawful or insuperable cause


Basis:

Lack of intent


Example:

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. (US v. Vicentillo, 19 Phil. 118)