Article 11 Flashcards
Imputability
quality by which an act may be ascribed to a person as its author or owner
Responsibility
obligation of suffering the consequences of the crime; penal and civil
Guilt is an element of responsibility
Imputability
v.
Responsibility
Imputability - a deed may be imputed to a person
Responsibility - person must take the consequence of such deed
Justifying Circumstances
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)
Quantum of Proof for Justifying
Clear and convincing evidence; strength of his own evidence, not weakness on prosecution
Requisites of self-defense
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
How to determine unlawful aggression
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)
2 kinds of aggression
1) lawful
2) unlawful
Retaliation
v.
Self-defense
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
What may belie claim of self-defense
1) Nature
2) Character
3) Location
4) Extent of wound
5) Improbability of deceased being the aggressor
Unlawful aggression in defense of other rights
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
Threat
1) Offensive
2) Positively strong
3) Showing WRONGFUL INTENT to cause injury
Requisites of necessity of the means employed…
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
Test of reasonableness of the means used
1) Nature
2) quality of weapon
3) physical condition
4) character
5) size
6) other circumstances (place and occasion of assault)
Reasonable to use a deadly weapon when..
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
Situations where 3rd requisite of self-defense is present
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
How to determine sufficiency of provocation
PROPORTIONATE to the act of aggression and ADEQUATE to stir the aggressor to its commission
Battered Woman Syndrome Cycle of Violence (no criminal and civil liability)
1) tension-building phase
2) acute battering incident
3) tranquil, loving phase
battered woman
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
Requisites of defense of relatives
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
Requisites of defense of a stranger
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
Damage to another covers:
1) injury to persons
2) damage to property
Requisites of avoidance of an evil or injury
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!!!
Requisites of Fulfillment of Duty or Lawful exercise of right or office
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!!!
Requisites of obedience to order
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
Self defense for private individual v. duty of peace officer
Private individual: needs to prevent or repel aggression
Peace officer: REQUIRES him to OVERCOME his opponent
