MASTERY OF CRIMINAL LAW GUIDE QUESTIONS

Article 11

JUSTIFYING CIRCUMSTANCES

1. What are justifying circumstances?

2. When a person acts under any of the justifying circumstances, is he

deemed to have violated the law?

3. What are the justifying circumstances under Art. 11 of RPC?

4. What is the effect of an injury or damage caused by a person acting with

any of the justifying circumstances?

5. Distinguish imputability from responsibility.

Self-defense

6. . What are the elements for the justifying circumstance of self-defense?

7. What is unlawful aggression?

8. Who is the unlawful aggressor?

9. What constitutes unlawful aggression?

10. What are the kinds of unlawful aggression?

11. Who is the person employing reasonable necessity to repel thr

aggression?

12. What are the standards or tests to be used in determining

whether the means used wre reasonabke?

13. Who has the burden of proof in self-defense?

14. When does unlawful aggression ceases?

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 15. What is the difference between retaliation and self-defense?

16. Will a slap on the face constitute an unlawful aggression?

17. When is there lack of sufficient provocation?

18. What rights are the subjects of self-defense?

Defense of relative

19. What are the elements for the justifying circumstance of defense
of relative?

20. Who are the relatives that can be defended under Art. 11(2) of the
RPC?

Defense of stranger

21. What are the elements for the justifying circumstance of defense
of stranger?

22. Who are “strangers”?

23. What does the phrase “be not induced” on Par. 3 of Article 11
means?

Avoidance of greater evil or injury nor state of necessity

24. What are the elements for the justifying circumstance of avoidance of
greater evil or injury?

25. Is this applicable if the “evil sought to be avoided” does not exist?

26.Give an example of “injury to persons.”

27.Can the accused invoke this justifying circumstance if he was not avoiding
any evil?

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 28.Is there civil liability in this circumstance? Why?

Fulfillment of duty or lawful exercise of right or office

29.What are the elements for the justifying circumstance of fulfillment of duty
or lawful exercise of right or office?

30.In the case of People vs. Oanus, supra. Were these elements presemt?

31.Will this circumstance be availed if if the accused performed his duty

illegally?

Obedience to an order issued for some lawful purpose

32.What are the elements for the justifying circumstance of obedience to an

order issued for some lawful purpose?

33. Can a subordinate raise the defense of good faith if he is not aware of the
illegality of the order and that he exercised due diligence in the performance of his
duties?

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