Revised Penal Code Article 11 : Justifying Circumstances

No. Short Title Basis Burden of proof Requisites 1. Unlawful aggression (indispensable) - If there is no unlawful aggression, there is nothing to prevent or repel. - Must be actual or imminent - Must be a physical force 2. Reasonable necessity of the means employed to prevent or repel it - There must be a taken by the person making the defense - There must be a necessity of the means used - Perfect equality between the weapon used by the one defending himself and that of the aggressor is not required - Liberally construed in favour of lawabiding citizens 3. Lack of sufficient provocation on the part of the person defending himself - When there is no provocation at all - Even if the provocation was given, it was not sufficient - Even if the provocation was sufficient, it was not given by the person defending himself - Even if the provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression - Must be proportionate to the act of the aggression - Must be adequate to stir the aggressor to its commission 1. Unlawful aggression - Can be made upon the honest belief of Exceptions

Self-Defense

- Generally, the law on selfdefense finds justification in mans natural instinct to protect, repel, and save his person or rights from impending danger. - To the Classicists, lawful defense is grounded on the impossibility on the part of the State to avoid a present unjust aggression and protect a person unlawfully attacked. - To the Positivists, lawful defense is an exercise of a right, an act of social justice done to repel the attack of an aggression.

On the person claiming the defense (usually the accused) Supported by the nature, character, location and extent of the wound as well as the build of both the accused and the alleged unlawful aggressor.

When the aggression is lawful Art. 249 NCC: the owner or lawful possessor of a thing has the right to exclude any person from enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to prevent or repel an actual or threatened unlawful physical invasion or usurpation of his property. When there is no danger to life or limb Retaliation is not self-defense When the attacker has stopped attacking or has backed down (without intention to retaliate), the unlawful aggression has ceased to exist. Mere belief that there is an impending attack is not self defense. o A mere threatening stance or bad attitude is not an unlawful aggression. When the person attacked by the accused is not the unlawful aggressor. A public officer exceeding his authority When the accused has declined to give any statement when arrested. When there is a mutual agreement to fight o Both parties become both the assailant and the assaulted When the assailant aims indiscriminately while firing his weapon When the provocation by the person defending himself is not proximate to the aggression o Exception to the exception: Battered Woman Syndrome supported by R.A. 9262 (Anti-Violence Against Women and their Children Act of 2004)

Defense of Relatives

Founded not only upon a humanitarian sentiment,

On the person

If the accused appears to be the aggressor If revenge or hatred were the primary reasons for making the defense

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Revised Penal Code Article 11 : Justifying Circumstances

No. Short Title Basis but also upon the impulse of blood which impels men to rush, on the occasion of great perils, to the rescue of those close to them by ties of blood Burden of proof claiming the defense (usually the accused) Requisites the one making the defense 2. Reasonable necessity of the means employed to prevent or repel it - To be found in the situation as it appears to the person repelling the aggression 3. In the case the provocation was given by the person attacked, the one making a defense had no part therein - The fact that the relative defended gave provocation is immaterial Exceptions If the person being defended do not fall under any of the following: o Spouse o Ascendants o Descendants o Legitimate, natural or adopted brothers and sisters, or relatives by affinity within the same degrees o Relatives by consanguinity within the fourth civil degree

Defense of Relatives

N.B. The death of spouse terminates the relationship by affinity, unless the marriage has resulted in an issue (child) who is still living.

Defense of a Stranger

What one may do in his defense, another may do for him. Persons acting in defense of others are in the same condition and upon the same plane as those who act in defense of themselves.

On the person claiming the defense (usually the accused)

1. 2. 3.

Unlawful aggression Reasonable necessity of the means employed to prevent or repel it The person defending be not induced by revenge, resentment or other evil motive

When the one defending did not act by a disinterested or generous motive When the person defending acted with revenge, resentment or other evil motive as his primary reason for doing such an act When the person being defended falls under the enumeration of paragraph 2 of this article When the accused was not avoiding any evil or injury When the evil sought to be avoided was brought about from a violation of law by the actor If the evil sought to be avoided is merely expected or anticipated or may happen in the future When due diligence and care was not observed by the accused Exception to the 3rd requisite: Self-preservation o Rationale: the instinct of self-preservation will always make one feel that his own safety is of greater importance than that of the other When the actor/accused exceeds in his fulfilment of his duty In case an invasion consists in a real dispossession, if force to regain was not done immediately after the dispossession. A delay, even if excusable, such as when due to the ignorance of the

1.

Avoidance of Greater Evil or Injury

Note: There is civil liability in this paragraph, but only to be borne by those benefitted

On the person claiming the defense (usually the accused)

That the evil sought to be avoided actually exists 2. That the injury feared be greater than that done to avoid it - Covers injury to persons and damage to property 3. That there be no other practical and less harmful means of preventing it - Must not be brought about by negligence or imprudence of the actor 1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office That the injury caused or the offense

Fulfilment of Duty or Lawful Exercise of Right or Office

Lawful Exercise of Office: the duty of peace officers to arrest violators of the law not only when they are

On the person claiming the

2.

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Revised Penal Code Article 11 : Justifying Circumstances

No. Short Title Fulfilment of Duty or Lawful Exercise of Right or Office Basis provided with the corresponding warrant of arrest but also when they are not provided with said warrant if the violation is committed in their own presence Lawful exercise of a right: refer to Article 429 of the NCC, a.k.a. The Doctrine of Self-help Burden of proof defense (usually the accused) Requisites committed be the necessary consequence of the due performance of duty or the lawful exercise of a right or office Exceptions dispossession, will bar the right to the use of force. (especially when it comes to immovable properties) o In this case, the rightful owner will have to resort to the competent authority to recover his property.

Obedience to an Order Issued for Some Lawful Purpose

On the person claiming the defense (usually the accused)

1. 2. 3.

That an order has been issued by a superior Than such an order be for some lawful purpose That the means used by the subordinate to carry out said order is lawful

When both the person who gives the order and the person who executes it are not acting within the limitations prescribed by law Exception to the exception: When the subordinate carrying out an illegal order of his superior is not aware of the illegality of the order and he is not negligent. o Rationale: lack of criminal intent and negligence on the part of the subordinate

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