ART.
11
JUSTIFYING CIRCUMSTANCES do not
incur civil liability, except for those that fall
under Paragraph 4.
The Burden of Proof is incumbent upon
the accused. A person who pleads a
justifying circumstance admits to the
commission of acts, engendering criminal
liability.
Paragraph 1. Anyone who acts in defense
of his person or rights. Requisites:
1. Unlawful aggression.
2. Reasonable necessity of the means
employed to prevent or repel it.
3. Lack of sufficient provocation on the
part of the person defending himself.
Self-Defense must be proved with certainty
by sufficient, satisfactory, and convincing
evidence that excludes any vestige of
criminal aggression.
RIGHTS INCLUDED IN SELF-DEFENSE
● Rights to the person or body
● Rights or Property
Unlawful Aggression is an
INDISPENSABLE requisite. If there is no
unlawful aggression, there is nothing to
prevent or repel.
● A paramour surprised in the act of
adultery cannot invoke self-defense
if he killed the offended husband
who was assaulting him
What is Unlawful Aggression?
● Unlawful Aggression is equivalent to
assault or at least threatened assault
of an immediate or imminent kind.
● There must be an actual physical
assault upon a person, or at least a
threat to inflict real injury
● When there is no peril to one’s life,
limb, or right, there is no unlawful
aggression.
● Peril to one’s life must be actual and
imminent.
● Peril to one’s body may also be
actual or only imminent
● The peril sought to be avoided must
be actual and not mere speculations.
● A strong retaliation for an injury or
threat may amount to an unlawful
aggression
● Retaliation is not self-defense
● There should be no appreciable
interval of time between the
aggression and the act to fight back.
● When unlawful aggression ceases,
the defender no longer has the right
to kill or even wound the former
aggressor
● The unlawful aggression must come
from the person who was attacked
by the accused for paragraph 1.
● Nature, character, location, and
extent of wound allegedly inflicted by
the injured party may fail to claim
self-defense
● The fact that the accused declined to
give any statement when he
surrendered is inconsistent with the
plea of self-defense
● When the aggressor flees, unlawful
aggression no longer exists
● No unlawful aggression when there
is agreement to fight. However, if the
aggression was ahead of the agreed
upon place or time, it will become
unlawful.
● One who voluntarily joined a fight
cannot claim self-defense
● Stand ground when in the right

Unlawful Aggression in Defense of Other
Rights (par. 2 and 3)
1. Defense of a woman’s honor
2. Defense of property
3. Defense of home
● The circumstances as the accused
perceived them at the time of the
incident should be considered in
determining the existence of
unlawful aggression
● There is self-defense even if the
aggressor used a toy pistol, provided
that the accused believed it was a
real gun.
● When intent to attack is manifest,
picking up a weapon is sufficient
unlawful aggression
● Aggression must be real, not merely
imaginary
● A public officer exceeding his
authority may become an unlawful
aggressor.
REASONABLE NECESSITY OF THE
MEANS EMPLOYED
● DOCTRINE OF RATIONAL
EQUIVALENCE presupposes the
consideration not only of the nature
and quality of the weapons used by
the defender and the assailant—but
of the totality of circumstances
surrounding the defense.
● The person defending is not
expected to control his blow
● In repelling or preventing an unlawful
aggression, the one defending must
aim at his assailant, and not
indiscriminately fire his deadly
weapon
● Reasonable necessity to prevent or
repel unlawful aggression to be
liberally construed in favor of
law-abiding citizens.
TEST FOR REASONABLE NECESSITY
1. The nature and quality of weapons
2. Physical condition, character, and
size
3. Other circumstances
LACK OF SUFFICIENT PROVOCATION
● Requisites:
1. When no provocation at all
was given to the aggressor
by the person defending
himself
2. When, even if the
provocation was given, it was
not sufficient
3. When, even if the
provocation was sufficient, it
was not given by the person
defending himself
4. When, even if the
provocation was given by the
person defending himself, it
was not proximate and
immediate to the act of
aggression
● BATTERED WOMAN SYNDROME
refers to a scientifically defined
pattern of psychological and
behavioral symptoms found in
women living in battering
relationships as a result of
cumulative abuse. There are three
phases:
1. Tension-building phase
2. Acute Battering Incident
3. Tranquil, loving (non-violent)
phase
 ● There must be at least two cycles in
order to be considered.
PARAGRAPH 2.
Relatives that Can be Defended
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted
brothers or sisters
5. Relatives by affinity in the same
degrees
6. Relative by consanguinity within the
fourth civil degree
REQUISITES OF PARAGRAPH 2
1. Unlawful Aggression
2. Reasonable necessity of the means
employed to prevent or repel it.
3. In case the revocation was given by
the person attacked, that the one
making defense had no part therein.
PARAGRAPH 3.
Who are deemed strangers?
Any person not included in Paragraph 2.
REQUISITES OF PARAGRAPH 3
1. Unlawful Aggression
2. Reasonable necessity of the means
employed to prevent or repel it.
3. The person defending be not
induced by revenge, resentment, or
other evil motive
PARAGRAPH 4.
Avoidance of greater evil or injury
REQUISITES:
1. That the evil sought to be avoided
actually exists;
2. That the injury feared be greater
than that done to avoid it;
3. That there be no other practical and
less harmful means of preventing it.
PARAGRAPH 5.
Fulfillment of a duty or in the lawful exercise
of a right or office
REQUISITES:
1. That the accused acted in the
performance of a duty or in the
lawful exercise of a right or duty
2. That the injury caused or the offense
committed be the necessary
consequences of the due
performance of duty or the lawful
exercise of such right or office
PARAGRAPH 6.
Obedience to an order
REQUISITES:
1. That an order has been issued 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
The subordinate is not liable for carrying out
an illegal order of his superior, if he is not
aware of the illegality of the order.