Article 11. Justifying circumstances

Question 1

Justifying Circumstances

Answer 1

Circumstances which, if present or attendant in the commission of a felony, would mean that the offender acted within the bounds of the law.

The offender did not transgress the law and therefore there is no crime committed and there is no criminal, and also there is no criminal or civil liability.

Question 2

1. Self Defense
   (Elements)

Answer 2

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself

Question 3

Unlawful Aggression (Elements)

Answer 3

1. There must be a physical or material attack or assault.
2. The attack or assault must be actual or at least imminent
3. The attack or assault must be unlawful

Question 4

2. Defense of Relative (Elements)

Any person who acts in defense of the person or rights

Spouse
Ascendants
Descendants
Legitimate, natural, adopted brothers/sisters
Relatives by affinity within the same degree
Relatives by consanguinity within the 4th civil degree

Answer 4

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. In case provocation was given by the person attacked, the one making the defense had no part therein

Question 5

3. Defense of Stranger (Elements)

Anyone who acts in defense of the person or rights of a stranger.

Answer 5

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

Question 6

4. State of Necessity (Elements)

An exception to that is Art. 11(4) of the RPC – state of necessity. , There is no criminal liability but there is civil liability. However,
this civil liability shall be imposed not only on the accused but also to other persons who have been benefited by the said state of necessity.

Answer 6

1. The evil sought to be avoided actually exists
2. The injury feared to be greater than that done to avoid it
3. There are no practical or less harmful means of preventing it

Question 7

5. Fulfillment of a Duty (Elements)

Public officer or a person’s fulfillment of one’s duty

Answer 7

1. Offender acted in due performance of his duty, or in the performance of a lawful exercise of a right or office
2. The resulting felony is the unavoidable consequence of the performance of his duty

Question 8

6. Obedience to Lawful Order (Elements)

Order coming from the superior officer be lawful, but also the means used by the subordinate who carried out the order, in order for this justifying circumstance to lie in favor of the accused.

Answer 8

1. The order has been issued by a superior office
2. Order was for a lawful purpose
3. The means employed to carry out such order is lawful

Question 9

Battered Woman Syndrome

Answer 9

A battered woman has been defined as a woman “who is repeatedly subjected 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.

Battered women include wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice.

Question 10

Battering Cycle of Violence

Answer 10

tension-building phase
acute battering incident
tranquil, loving (non-violent) phase

Question 11

tension-building phase:

Answer 11

Minor battering occurs - it could be verbal or slight physical abuse or another form of hostile behavior. The woman usually tries to pacify the batterer through a show of kind, nurturing behavior; or by simply staying out of his way

Question 12

acute battering incident:

Answer 12

Characterized by brutality, destructiveness and, sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only the batterer may put an end to the violence.

Question 13

tranquil, loving (non-violent) phase:

Answer 13

During this tranquil period, the couple experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows that he has been viciously cruel and tries to make up for it, begging for her forgiveness and promising never to beat her again.

On the other hand, the battered woman also tries to convince
herself that the battery will never happen again; that her partner will change for the better; and that this “good, gentle and caring man” is the real person whom she loves.