Name SIBAY, JOHN ALFRED B.

BSCRIM2 Date 06/04/2021

Section : CAD

Subject : Criminal Law book 1

1. What is a justifying circumstance?

Answer : JUSTIFYING CIRCUMSTANCES (Article ll of the Revised Penal Code)  Are those where the act of
a person is said to be in accordance with the law, so that such person is deemed not to have
transgressed the law and is free from both civil and criminal liability.

2. What is an exempting circumstance?

Answer : These are defenses where the accused committed a crime but is not criminally liable. This
mostly happened or guaranteed to an imbecile, insane persons, defending a brother, wife, mother etc,
that is relative and even strangers as long as the action you take is lawful.

3. Differentiate justifying circumstance from exempting circumstance.

Answer : Justifying circumstances are those wherein the acts of the actor are in accordance with law
and, hence, he incurs no criminal and civil liability. Whereas, a justifying circumstance inheres in the act
committed, which is lawful, an exempting circumstance is personal to the offender. In essence, in a
justifying circumstance there is a crime but there is no criminal.

4. What are the requisites of self-defense?

Answer : Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens
imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an
objectively reasonable fear of injury or death.

5. Explain unlawful aggression.

Answer : Aggression is considered unlawful when it is unprovoked or unjustified. There must be real
danger to life or personal safety. An imminent danger of aggression, and not merely imaginary, is
sufficient.

6. Explain reasonable necessity of the means employed.

Answer : Under the defense of necessity, an individual must reasonably believe, first and foremost, that
there is an imminent and actual threat that requires immediate action. Simple example scenario of this
when A holding a nife saying I will kill and approaching right on you so immediate action must take, if
you have a gun you can shoot him and be guaranteed with the doctrine of self defense.

7. What is lack of sufficient provocation?

Answer : Lack of sufficient provocation on the part of the person defending himself. A person may be
justified in causing injury to another in defense of his property even if there was no attack against his
person. We are all granted the rights to our property, we have the right to protect it from anyone, even
though we have the right to defend our property our action must lawful when making protection with it.

8. What are the requisites of defense of relative?

Answer : Requisites of defense of relative are the ff;

A. Unlawful aggression on the part of the victim;

B. Reasonable necessity of the means employed to prevent or repeal it (Person defending himself) and

C. In case the provocation was given by the person attacked, that the one making defense had no part
therein.

9. What are the requisites of defense of stranger?

Answer : Requisites of defense of stranger are the ff;

A. Unlawful aggression on the part of the victim;

B. Reasonable necessity of the means employed to prevent or repeal it (Person defending himself)

C. The person defending be not induced by revenge, resentment, or other evil motive.

10. Distinguish imbecility from insanity.

Answer : An imbecile is one who may be advanced in years, but has a mental development comparable
only to children between 2 and 7 years of age. Whereas, ann insane is one who suffers from a mental
disorder in such degree as to deprive him of reason. The insane person may be held criminally liable if
he acted during a lucid interval.