ART. 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, 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 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 has no part therein. 3. 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. 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 that the evil sought to be avoided actually exist Second, that the injury feared be greater than that done to avoid it and; Third, that there be no other practical and less harmful means of preventing it. 5. 6. Any person who acts in the fulfillment of a duty or in the lawful exercise of a rights or office any person who acts in obedience to an order issued by a superior for some lawful purpose.

JUSTIFYING CIRCUMSTANCES 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 transgressed the law and is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act.

1. SELF- DEFENSE

REQUISITES: a) b) c) Unlawful aggression (condition sine qua non); Reasonable necessity of the means employed to prevent or repel it; and Lack of sufficient provocation on the part of the person defending himself.

UNLAWFUL AGGRESSION - is equivalent to an actual physical assault or, at least - threatened assault of an immediate and imminent kind which is offensive and positively strong, showing the wrongful intent to cause injury.

TEST OF REASONABLENESS the means employed depends upon the nature and quality of the (1) weapon used by the aggressor, and (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault.

Perfect equality between the weapons used by the one defending himself and that of the aggressor is not required, nor material commensurability between the means of attack and defense. REASON: Because the person assaulted does not have sufficient tranquility of mind to think and to calculate.

Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. Thus, it includes: 1. 2. The right to honor. Hence, a slap on the face is considered as unlawful aggression directed against the honor of the actor (People vs. Sabio, 19 SCRA 901). The defense of property rights, only if there is also an actual and imminent danger on the person of the one defending ( People vs Narvaez, 121 SCRA 389).

Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon.

Under Republic Act 9262, known as the Anti- Violence against Women and their Children Act of 2004:

Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. (Sec. 26, R.A. No. 9262) The law provides for an additional justifying circumstance. 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. Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

2. DEFENSE OF RELATIVES

REQUISITES: 1. 2. 3. Unlawful Aggression; Reasonable necessity of the means employed to prevent or repel it; and In case the provocation was given by the person attacked, the one making the defense had no part therein.

RELATIVES THAT CAN BE DEFENDED: 1. 2. 3. 4. 5. Spouse Ascendants Descendants Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. Relatives by consanguinity within the fourth civil degree.

3. DEFENSE OF STRANGER

REQUISITES: 1. 2. 3. Unlawful Aggression; Reasonable necessity of the means employed to prevent or repel it; and The person defending be not induced by revenge, resentment or other evil motive.

4. AVOIDANCE OF GREATER EVIL OR INJURY

REQUISITES: 1. 2. 3. That the evil sought to be avoided actually exists: That the injury feared be greater than that done to avoid it; and There be no other practical and less harmful means of preventing it.

No civil liability except when there is another person benefited in which case the latter is the one liable.

Greater evil must not be brought about by the negligence or imprudence or violation of law by the actor.

5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE.

REQUISITES: 1. 2. That the accused acted in the performance of a duty or in the lawful exercise of a right or office; That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office.

6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE.

REQUISITES: 1. 2. 3. That an order has been issued by a superior. That such order must be for some lawful purpose That the means used by the subordinate to carry out said order is lawful.

Subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent.