ARTICLE 11

Justifying Circumstances
The Following do not incur any criminal liability:
1.

Anyone who acts in defense of his person or rights,

provided that the following circumstances concur:
First.

Paragraph 4 - Any person who, in order to avoid an

evil or injury, does an act which causes damage to
another
Self Defense
REQUISITES:
1) UNLAWFUL AGGRESSION
-There is assault, an attack or a threat with an imminent
and immediate manner (brandishing a knife with
which to stab us)
-when there is peril to ones life, limb or right which is
either actual or imminent

Unlawful aggression

Second. Reasonable necessity

employed to prevent or repel it

of

the

means

Peril to ones limb

The person defending himself must have been attacked
with actual physical force or with actual use of weapon

Third. Lack of sufficient provocation on the part of

the person defending himself.
2.

Anyone who acts in defense of the person or rights

of his spouse, ascendants, descendants, or
legitimate, natural, or adopted brothers or sisters, or
of his relatives by affinity in the same degrees, and
those by 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
provocation was given by the person attacked, that
the one making defense had no part therein.

3.

Anyone who acts in the defense of the person or

rights of a stranger, provided that the first and
second requisites mentioned in the first
circumstance of those article are present and that the
person defending be not induced by revenge,
resentment or other evil motive.

4.

Any person who, in order to avoid an evil or injury,

does an act which causes damage to another,
provided that the following requisites are present:
First.
exists;

actual
the danger is present, actually in existence
imminent
the danger is on the point of happening

-Unlawful aggression in defense of other rights:

a) Attempt to rape a woman
defense of right to chastity
b) Defense of property
c) Defense of home

2)

REASONABLE NECESSITY OF THE MEANS

EMPLOYED TO PREVENT OR REPEL IT

-we prevent the aggression that places us in imminent

danger or repel the aggression that places us in actual
danger
-The reasonableness of the necessity to take a course of
action and the reasonableness of the necessity of the
means employed depend upon the circumstance of the
case
1.

That the evil sought to be avoided actually

2.

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.
5.

Any person who acts in the fulfillment of a duty or

in the lawful exercise of a right or office.

6.

Any person who acts in obedience to an order

issued by a superior for some lawful purpose.
General Rule:
There is no Civil Liability in Justifying Circumstances
Exception:

Necessity of the course of action taken

-depends on the existence of the unlawful
aggression
a) Place and occasion of the assault considered
b) The darkness of the night and the surprise
which characterized the assault considered
Necessity of the means used
Means employed by the person making a
defense must be rationally necessary to
prevent or repel an unlawful aggression
Test of reasonableness:
a)

b)
c)
d)

3)

Nature and quality of the weapon used by the

aggressor
1.
Did he have other available means?
2.
If he did other available means, did he
coolly choose the less deadly weapon to
repel the assault?
Aggressors physical condition, character size
and other circumstances
Defenders physical condition, character size
and other circumstances
Place and occasion of the assault

LACK OF SUFFICIENT PROVOCATION ON

THE PART OF THE PERSON DEFENDING
HIMSELF

-The one defending himself must not have given cause

for the aggression by his unjust conduct or by inciting
or provoking the assailant or else he will be blamed for
having given cause for the aggression
- The provocation must be sufficient which means that
it must be proportionate to the act of aggression and
adequate to stir the aggressor of its commission
Example
1.

2.
3.

When one challenges the deceased to come out of

the house and engage in a fist-fight with him and
prove who is the better man
When one hurls insults or imputes to another the
utterance of vulgar language
When the accused tried to forcibly kiss the sister of
the deceased

In defense of the person or rights of his spouse, ascendants,

descendants, or legitimate, natural, or adopted brothers or
sisters, or of his relatives by affinity in the same degrees, and
those by consanguinity within the fourth civil degree
RELATIVES BY AFFINITY
Parents-in-law
Son or daughter-in-law
Brother or sister-in-law
RELATIVES BY CONSANGUINITY
2nd Civil Degree: Brothers and sisters
3rd Civil Degree: Niece/Aunt/Nephew/Uncle

4th Civil Degree: First Cousins

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

stranger
STRANGER
Any person not included in the
enumeration of relatives under
paragraph 2
Any person who, in order to avoid an evil or injury, does an
act which causes damage to another

CIVIL LIABILITY IN PARAGRAPH 4

The persons for whose benefit the harm
has been prevented, shall be civilly
liable in proportion to the benefit which
they may have received.
Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office
REQUISITES
1. The accused acted in the performance of a duty or in
the lawful exercise of a right or office
-Invasion of property may be:
a) Mere disturbance of possession force may be used
against it at any time as long as it continues, even beyond
the prescriptive period for an action of forcible entry
b) Real dispossession- force to regain possession can be
used only immediately after the dispossession

2.

That the offense committed be the necessary

consequence of the due performance of duty or the
lawful exercise of such right.

Any person who acts in obedience to an order issued by a

superior for some lawful purpose
REQUISITES:
1. That an order has been issues by a superior
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out
said order is lawful
-When the order is not for a lawful purpose, the subordinate

who obeyed it is criminally liable except if he is not aware of its

illegality