Article 11

Question 1

Imputability

Answer 1

quality by which an act may be ascribed to a person as its author or owner

Question 2

Responsibility

Answer 2

obligation of suffering the consequences of the crime; penal and civil

Guilt is an element of responsibility

Question 3

Imputability
v.
Responsibility

Answer 3

Imputability - a deed may be imputed to a person

Responsibility - person must take the consequence of such deed

Question 4

Justifying Circumstances

Answer 4

Act of the person is in accordance with the law, so that person is deemed not to have transgressed the law and is free from BOTH criminal and civil liability, EXCEPT par. 4 (avoid evil or injury)

Question 5

Quantum of Proof for Justifying

Answer 5

Clear and convincing evidence; strength of his own evidence, not weakness on prosecution

Question 6

Requisites of self-defense

Answer 6

1) unlawful aggression (must come from the person who attacked the accused)
2) reasonable necessity of the means employed
3) lack of sufficient provocation on the part of the person defending himself

Question 7

How to determine unlawful aggression

Answer 7

1) ACTUAL – actual physical force or actual use of weapon; we be assaulted/attacked; danger must be present
2) IMMINENT/THREAT* – we be threatened with an attack in an IMMEDIATE and IMMINENT manner; peril to one’s life, limb or right is either actual or imminent; danger (either death or bodily harm) is on the point of happening
* threat must be OFFENSIVE and POSITIVELY STRONG, showing the wrongful intent to cause an injury

Mere belief of an impending attack (oral threats)/threatening attitude is NOT SUFFICIENT

Should be simultaneous with the attack or without appreciable interval of time (no time for deliberation)

Question 8

2 kinds of aggression

Answer 8

1) lawful

2) unlawful

Question 9

Retaliation
v.
Self-defense

Answer 9

Retaliation - aggression that was begun by injured party already ceased to exist when the accused attacked him

Self-defense - aggression was still existing when the aggressor was inured or disabled by the person making a defense

Question 10

What may belie claim of self-defense

Answer 10

1) Nature
2) Character
3) Location
4) Extent of wound
5) Improbability of deceased being the aggressor

Question 11

Unlawful aggression in defense of other rights

Answer 11

1) Right to chastity
2) Defense of property*
3) Defense of home

*Can only be invoked ONLY when it is coupled with an ATTACK ON THE PERSON entrusted with said property

Question 12

Threat

Answer 12

1) Offensive
2) Positively strong
3) Showing WRONGFUL INTENT to cause injury

Question 13

Requisites of necessity of the means employed…

Answer 13

1) there is necessity of the course of action taken by the person making a defense
2) there is necessity of the means used

Both must be reasonable

• RATIONAL EQUIVALENCE in consideration of the ff:
  1) emergency
  2) immident danger
  3) instict

Question 14

Test of reasonableness of the means used

Answer 14

1) Nature
2) quality of weapon
3) physical condition
4) character
5) size
6) other circumstances (place and occasion of assault)

Question 15

Reasonable to use a deadly weapon when..

Answer 15

1) no other available means
2) could not cooly choose the less deadly weapon to repel the assault

*liberally construed in FAVOR of law-abiding citizens

Question 16

Situations where 3rd requisite of self-defense is present

Answer 16

1) no provocation at all
2) if there was provocation, it is NOT sufficient
3) if provocation was sufficient, NOT given by the person defending himself
4) even if provocation was given by person defending himself, it was not PROXIMATE and IMMEDIATE to act of aggression

Question 17

How to determine sufficiency of provocation

Answer 17

PROPORTIONATE to the act of aggression and ADEQUATE to stir the aggressor to its commission

Question 18

Battered Woman Syndrome Cycle of Violence (no criminal and civil liability)

Answer 18

1) tension-building phase
2) acute battering incident
3) tranquil, loving phase

Question 19

battered woman

Answer 19

one who is repeatedly subject to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights

Question 20

Requisites of defense of relatives

Answer 20

1) unlawful aggression
2) reasonable necessity of the means employed to prevent or repel it
3) IN CASE provocation was given by person attacked, the one making the defense had NO part therein

Question 21

Requisites of defense of a stranger

Answer 21

1) unlawful aggression
2) reasonable necessity of the means employed to prevent or repel it
3) The person defending be not induced by revenge, resentment, or other evil motive

Question 22

Damage to another covers:

Answer 22

1) injury to persons

2) damage to property

Question 23

Requisites of avoidance of an evil or injury

Answer 23

1) evil sought to be avoided actually exists
2) injury feared be greater than that done to avoid it
3) no other practical and less harmful means of preventing it

• should not be because of negligence or imprudence
• greater evil sought to be avoided should not result from violation of law
• there is civil liability!!!

Question 24

Requisites of Fulfillment of Duty or Lawful exercise of right or office

Answer 24

1) Accused acted in performance of a duty or in lawful exercise of a right or office
2) Injury caused is the NECESSARY CONSEQUENCE OF DUE PERFORMANCE of duty or lawful EXERCISE of such right or office

*In Lawful exercise of a right, NOT NECESSARY that there be unlawful aggression against the person charged with the protection of the property!!!

Question 25

Requisites of obedience to order

Answer 25

1) an order is issued by superior
2) order must be for some lawful purpose
3) means used by subordinate to carry out said order is lawful

Question 26

Self defense for private individual v. duty of peace officer

Answer 26

Private individual: needs to prevent or repel aggression

Peace officer: REQUIRES him to OVERCOME his opponent