Article 11 Justifying circumstances – The following do not incur any criminal liability:
Assault/at least threatened assault of an immediate &
imminent kind; there must be an actual physical assault upon a
person/a threat to inflict real injury
Threat à offensive & positively strong, showing the wrongful
First. Unlawful aggression; intent to cause an injury
An actual, sudden, & unexpected attack/imminent danger;
attack has actually broken out/materialized
Not oral threats/threatening stance or posture/intimidating
attitude
Repel the aggression (actual physical assault) & prevent the
aggression that’s expected (imminent danger)
Requisites:
- That there be a necessity of the course of action
taken by the person making a defense; instinct of
self-preservation
Second. Reasonable necessity of the means employed to - There be a necessity of the means used
1. Anyone who acts in defense of his person/rights,
prevent/repel it; - Both must be reasonable à reasonableness depends
provided that the following circumstances concur:
on the existence of unlawful aggression & upon the
nature & extent of the aggression
Must determine the nature & quality of the weapon used by
the aggressor + his physical condition, character, size, & other
circumstances when testing the reasonableness of the means
used
Requisites:
2. When no provocation at all was given to the
aggressor by the person defending himself; or
3. When, even if a provocation was given, it was not
Third. Lack of sufficient provocation on the part of the sufficient; or
person defending himself. 4. When, even if the provocation was sufficient, it was
not given by the person defending himself; or
5. When, even if a provocation was given by the person
defending himself, it was not proximate & immediate
to the act of aggression
- By affinity: because of marriage; in-laws
- Consanguinity: blood relatives
- Civil degrees (2nd-4th, in order): brothers/sisters;
2. Anyone who acts in defense of the person/rights of his spouse, ascendants, descendants, or legitimate, natural, or uncle, aunt, niece, nephew; first cousins
adopted brothers/sisters, or of his relatives by affinity in the same degrees, & those by consanguinity w/in the 4th Requisites:
civil degree, provided that the 1st & 2nd requisites prescribed in the next preceding circumstance are present, & the 1. Unlawful aggression
further circumstance, in case the provocation was given by the person attacked, that the one making defense had no 2. Reasonable necessity of the means employed to
part therein. prevent/repel it
3. In case the provocation was made by the person
attacked, the one making defense had no part
therein
Requisites:
1. Unlawful aggression
3. Anyone who acts in defense of the person/rights of a stranger, provided that the 1 & 2 requisites mentioned in
st nd
2. Reasonable necessity of the means employed to
the 1st circumstance of this article are present & that the person defending be not induced by revenge, resentment,
prevent/repel it
or other evil motive
3. The person defending be not induced by revenge,
resentment, or other evil motive
Not those that are expected, anticipated, or may happen in
First. That the evil sought to be avoided actually exists;
the future
4. Any person who, in order to avoid an evil/injury, does
Second. That the injury feared be greater than that done to Greater evil should not be brought about by
an act which causes damage to another, provided
avoid it; negligence/imprudence of the actor
that the following requisites are present:
Third. That there be no other practical & less harmful means
of preventing it.
Requisites:
1. That the accused acted in the performance of a
duty/in the lawful exercise of a right/office
5. Any person who acts in the fulfillment of a duty/in the lawful exercise of a right/office.
2. That the injury caused/the offense committed be
the necessary consequence of the due performance
of duty/the lawful exercise of such right/office
Requisites:
1. That an order has been issued by a superior
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. 2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out
said order is lawful
