Moodle Lec For Jemaa Topic 2

ART.
11: JUSTIFYING CIRCUMSTANCES

1. Self-defense o
2. Defense of relative o
3. Defense of stranger o
4. State of necessity o
5. Lawful exercise of right or duty o
6. Obedience to superior order
1. Requisites of self-defense: o 1. Unlawful aggression o 2. Reasonable means necessary
to repel it o 3. Lack of sufficient provocation by the defender
2. Requisites of defense of relative: o 1. Unlawful aggression o 2. Reasonable necessity

of the means employed to prevent or repel it o 3. In case of provocation given by the
person attacked, the defender must have had no part therein o Who are the relatives
under this provision?  Spouse, ascendants, descendants, legitimate, natural, and
adopted siblings, or relatives by affinity within the same degrees  Relatives by
consanguinity until the fourth degree
3. Requisites of defense of strangers: o 1. Unlawful aggression o 2. Reasonable

necessity of the means employed to prevent or repel it o 3. Person defending is not
motivated by revenge, resentment, or other evil motives
Notes for defense: o Includes defense of life and limb, rights as a person including honor,
property, and liberty o Pleading self-defense is a judicial admission, not a judicial
confession o Burden of evidence shifts to the accused to prove self-defense o Unlawful
aggression is ALWAYS necessary
Unlawful aggression alone – MC  Unlawful aggression w/ one other requisite – privileged
MC o Unlawful aggression must continue up until the act of defense
If there are multiple wounds in the victim, it belies a claim of defense because it shows a
determined effort to kill the victim o “Reasonable means” depends from case to case (ex. if
aggressor is armed, nature of weapon used, physical conditions of aggressor, etc.)
“Rational equivalence” rule – no need for material commensurability, between means of
attack and defense because of imminent danger and instinctual actions
Rule is “stand your ground when in the right” not anymore “retreat to the wall”
If there is agreement to fight, no unlawful aggression, except if one attacked ahead of the
agreed time
For defense of property rights, one may only use force reasonably necessary to prevent or
repel the aggressor – taking of human life is excessive
Narvaez: To hurt the aggressor, there must also be unlawful aggression against the
defender, not just his property
Provocation is sufficient when sufficient to incite attack
4. Requisites of state of necessity: o 1. The evil sought to be avoided actually exists o 2.
The injury feared is greater than that done to avoid it o 3. No other practical and
less harmful means to prevent it o 4. Party invoking state of necessity was not
responsible for the peril o N.B. those benefited by the act only purely civil liability,
which is not from culpa criminal
5. Requisites of lawful exercise of right or duty: o 1. Act out of duty or office o 2.

Injury is consequence of the performance of duty or right o N.B. act cannot be
capricious or oppressive; o N.B. law enforcer can invoke SD and performance of
duty at the same time (ex. policeman saw a person about to shoot another. He gave a
warning and the offender pointed the gun at him. The policeman shot the offender)
6. Requisites of obedience to superior order: o 1. An order has been issued by a

superior. o 2. The order is for a legal purpose
If illegal, he cannot follow the order unless it is apparently legal and subordinate
didn’t know better o 3. The means used to carry out the order were lawful
Notes: o Art. 11 – the accused is not deemed to have committed a crime o Art. 12 –
there is technically a crime, but person is exempt from liability because there is no mens
rea. There is civil liability, however .
Differentiate:
o Instigation – idea of crime is induced in mind of accused. This is an absolutory
cause
o Entrapment – idea of crime came from accused. Not absolved.
BATTERED WOMAN DEFENSE UNDER RA 9262: o Battered Woman Syndrome
(BWS) is a justifying circumstance, notwithstanding absence of any requisites of self-
defense. The woman incurs neither criminal nor civil liability. The defense is separate
from and independent from self-defense. o A battered woman is one repeatedly subjected
to forceful physical or psychological behavior by a man with whom she has an intimate
relationship with in order to coerce her to do something he wants. o The cycle has to
happen at least twice: 1. Tension-building phase; 2. Acute battering incident; 3. Tranquil,
loving phase. o Indicators of BWS:  1. The woman believes the violence was her fault  2.
Cannot place responsibility for violence elsewhere  3. She fears for her and her children’s
lives  4. Irrational belief that offender is omnipresent and omniscient
ART. 12: EXEMPTING CIRCUMSTANCES
1. Imbecility or insanity o
2. Minority (see RA 9344) o
3. Accident o
4. Compulsion of irresistible force o
5. Impulse of uncontrollable fear o
6. Insuperable or lawful cause
ART. 13: MITIGATING CIRCUMSTANCES

1. Incomplete justifying and exempting circumstances
2. Under 18 or over 70  Correlate with RA 9344 o
3. Praeter intentionem o
4. Sufficient provocation or threat by the offended party preceded the act o
5. Proximate vindication of grave offense o
6. Passion or obfuscation o
7. Voluntary surrender or voluntary confession prior to prosecution’s presentation
of evidence o
8. Physical defect restricts means of action, defense, communication o
9. Illness diminishes will-power without complete deprivation of consciousness
10. Analogous circumstances
ART. 14: AGGRAVATING CIRCUMSTANCES

1. Advantage of public position o
2. In contempt of or with insult to public authorities o
3. With insult or disregard of rank, age, or sex, or in the dwelling of the offended
party, if the latter did not provoke o
4. Abuse of confidence or obvious ungratefulness
5. Committed in the palace of the Chief Executive, or in his presence, or where public
authorities are discharging their duties, or in a place of religious worship o
6. Nighttime, or in an uninhabited place, or by a band o
7. Committed during a conflagration, shipwreck, earthquake, epidemic, or calamity
8. With aid of armed men or persons who insure/afford impunity o
9. Recidivism o
10. Reiteracion o
11. Price, reward, or promise o
12. By means of inundation, fire, poison, explosion, stranding of a vessel, derailment of
locomotive, use of any artifice involving waste and ruin o
13. Evident premeditation o
14. Craft, fraud, or disguise o
15. Superior strength or means employed to weaken the defense o
16. Treachery o
17. Ignominy o
18. Committed after unlawful entry o
19. Committed after breaking through a wall, roof, floor, door, or window o
20. With aid of persons under 15 years old, or motor vehicles o
21. Cruelty
ART. 15: ALTERNATIVE CIRCUMSTANCES

1. Relationship o
2. Intoxication o
3. Degree of instruction/education of offender

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ART.

11: JUSTIFYING CIRCUMSTANCES

2. Requisites of defense of relative: o 1. Unlawful aggression o 2. Reasonable necessity

3. Requisites of defense of strangers: o 1. Unlawful aggression o 2. Reasonable

5. Requisites of lawful exercise of right or duty: o 1. Act out of duty or office o 2.

6. Requisites of obedience to superior order: o 1. An order has been issued by a

ART. 13: MITIGATING CIRCUMSTANCES

ART. 14: AGGRAVATING CIRCUMSTANCES

ART. 15: ALTERNATIVE CIRCUMSTANCES

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