Justifying Circumstances

Question 1

What are justifying circumstances?

Answer 1

Are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgresses the law and its free from both criminal and civil liability.

Question 2

Article 11 Par 1

Answer 2

Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

Shortened Aid:
Self-defense

Question 3

Requisites of Self-Defense

Answer 3

First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

Question 4

Article 11 Par 2

Answer 4

Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein

Shortened Aid:
Defense of Relative

Question 5

Article 11 Par 3

Answer 5

Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

Shortened Aid:
Defense of Stranger

Question 6

Article 11 Par 4

Answer 6

Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;

Shortened Aid:
Avoidance of Evil

Question 7

Requisites of Article 11 Par 4

Answer 7

First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

Shortened Aid;

1. Evil exists
2. Injury feared is greater
3. No other practical means to prevent

Question 8

Article 11 Par 5

Answer 8

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Shortened Aid:
Lawful duty

Question 9

Article 11 Par 6

Answer 9

Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Shortened Aid:
Obeying order