Justifying Circumstance

Question 1

What is the nature of self-defense?

Answer 1

Self-defense is an act to save life; thus, it is an act, not a crime

Question 2

What does self-defense include?

Answer 2

1. Defense of body and limb
2. Rights as person, including honor
3. Property and liberty

Question 3

If the accused admitted killing the victim and pleads self-defense, is the burden of proof shifted to accused?

Answer 3

No. The burden of proof never shifts; only the burden of evidence shifts.

Question 4

What are the requisites of self-defense?

Answer 4

1. Unlawful aggression
2. Reasonable means necessary to repel it
3. Lack of sufficient provocation by the defender

Question 5

What is ABSOLUTELY necessary out of the three requisites for self defense?

Answer 5

Unlawful aggression. Without it, even if the two others are present, there can be no complete or incomplete self-defense.

Question 6

What is the effect in cases where unlawful aggression is present bu the others are not?

Answer 6

1. If it is unlawful aggression alone, then it is an ordinary mitigating circumstance.
2. If it is unlawful aggression plus one other, then it is a privileged mitigating circumstance

Question 7

How is unlawful aggression defined?

Answer 7

Actual peril to one’s life, or merely a threat, but real and imminent.

Question 8

Is slapping unlawful aggression?

Answer 8

Yes. It is unlawful aggression against his honor. The face of a person is akin to his dignity, honor, etc

Question 9

What is the effect of presence of multiple wounds on the victim in a claim of self-defense?

Answer 9

The nature of wounds belies a claim of self-defense because it shows a determined effort to kill the victim, and not mere self-defense

Question 10

mere touching of thigh, in church, in daylight. She killed him with fan knife. Is it self defense?

Answer 10

No

Question 11

groped in dark alley. Killed with knife., Self Defense?

Answer 11

No

Question 12

What is the “rational equivalence” rule in reasonable necessity?

Answer 12

the nature of imminent danger, and instinctual actions.

Question 13

What is the extent of defense of property rights?

Answer 13

May use such force as reasonably necessary to prevent or repel the unlawful physical invasion of his property. This does not seem to involve the taking of human life.

Question 14

When is there sufficient provocation?

Answer 14

Provocation is sufficient if it is sufficient to incite the person to attack

Question 15

What is the Battered Woman Defense under RA 9262?

Answer 15

The Battered Woman Syndrome (BWS) is a justifying circumstance, notwithstanding absence of any requisites of self-defense.

Question 16

Who is a battered woman?

Answer 16

The cycle has to happen at least twice:

1. Tension-building phase,
2. Acute battering incident,
3. Tranquil, loving phase.

Question 17

What are the requisites of defense of relative?

Answer 17

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

Question 18

Who are relatives in reference to defense of relative?

Answer 18

 Spouse, ascendants, descendants, legitimate, natural, and adopted siblings, or relatives by affinity within the same degrees
 Relatives by consanguinity until the fourth degree
 Anyone beyond this enumeration: defense of stranger

Question 19

What is the requisite for Defense of Strangers?

Answer 19

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it
3. Person defending is not motivated by revenge, resentment, or other evil motives

Question 20

What are the requisites of state of necessity as a justifying circumstance (Art. 11, par. 4)?

Answer 20

1. The evil sought to be avoided actually exists
2. The injury feared is greater than that done to avoid it
3. There is no other practical and less harmful means to prevent it

Question 21

What are the requisites of lawful exercise of right or duty (Article 11, par. 5)?

Answer 21

1. Act out of duty or office

2. Injury caused is the consequence of the performance of that duty or right

Question 22

X was a deranged man who was already incapacitated by the police from doing further harm. Y, one of the policemen, seeing X lying on the ground, shot him further on the forehead. Can Y invoke performance of duty?

Answer 22

No. The act performed was unreasonable and excessive.

Question 23

What are the requisites of obedience to superior order?

Answer 23

1. An order has been issued by a superior.
2. The order is for a legal purpose
3. The means used to carry out the order were lawful

Question 24

What if the order is illegal?

Answer 24

Cannot follow the order unless it is apparently legal and the subordinate did not know it was actually illegal.