state article 9

Grave felonies
Less grave felonies
Light felonies
state article
made 10 subsidiary imprisonment in case of non payment of
to suffer
fine?
Example of "unless" in relation to
What are the circumstances that af
Art 11
Effect of Invoking Justifying Cir
Inverted Trial
Burden to Prove Justifying Circ
Scope of self defense
Elements of self defense
Define unlawful aggression
why is unlawful aggression impor
Elements of unlawful aggression
Kinds of unlawful aggression
Actual or material unlawful Aggre
Imminent unlawful aggression
Define reasonable necessity
What the law requires on "reason
Factors of reasonable necessity
Define provocation
Define sufficient provocation
Requirement for "no provocation"
Test forself-defense.
argued unlawful aggression
Q: Is X liable
defense for physical
was that he was injury
merely acting in self defense.
Will self defense lie in
not liable because he merely his favor?
acted in self-defense. Will
self-defense lie in his
True or false: Self-defense favor?
applies only in case of consummated felony.
died.
Q: Was N.
hacked there unlawful
N died. W wasaggression?
prosecuted for homicide. She invoked selfdefense, particularly defense of honor and chas
Q: Was there self-defense?
hacked N. N died. W was prosecuted for homicide. She invoked selfdefense, particularly defense of honor and chas
If you were
gained the judge,
possession would
of the boloyou
or convict
gun andorfired
acquit
at A.the accused?
A died.
Q: Was there self-defense?
chastity.
Q: Is there
to the self-defense?
hospital and survived. The father was prosecuted for frustrated
homicide. He invoked self-defense.
Discuss People v Olarbe
Discuss People v Ganal
Discuss People v Senoja
Y repeatedly. X is prosecuted for homicide. X said
he acted
merely in self-defense.
acted in defense of Will
herself-defense lie
honor and chastity. Will
her defense lie in her favor?
Discuss People
particular v Jaurigue
in defense of her honor and chastity. Will the
defense lie in her favor?
Discuss People v Toledo
What is "Stand Ground When in t
Elements of defense of a relative
What
of is the requirement for the d
relative.
Q: is H’s argument of defense of relative tenable?
Q: Are there other defenses whi
Elements of a defense of a stran
Requirement
merely acting for defense of
in defense of aa relative.
stra Will his defense
lie in his
being favor? for the defense of a relative to lie in
defended
favor of X?
Q: What if instead of the father-in-law, it was the cousin
of
Q: the
What wife?
if it Will
wasthenotdefense
the cousin of aofrelative
the wife,liebut
in his
X’sfavor?
own
cousin?
stranger. Will the defense of a relative lie?
Q:
he Is B be
was criminally
acting liableoffor
in defense hisserious
sister. physical
Will his injuries
defense life?
Why is state of necessity does not
Elements of state of necessity
Discuss people v ricohermoso
discuss people v norma hernandez
A pregnant
Q: Is the taxiwoman metliable
criminally an accident.
for reckless imprudence resulting to
damage to property?
elements present?
injuries. His defense was state of necessity. Will his
defense lie? serious physical injuries. X’s
man sustained
defense:
duty, state ofhis
exercising necessity. Will this
right, fulfilling hisdefense
duty. lie?
Q: Does it mean that it can only apply to a public officer?
Elements of fulfillment of duty
Elements of obedience to a lawfu
Discuss People v Lagata
Discuss people v Mamangun
Discuss people v dagani
Discuss
Q: tabuena
Can police v SBY invoke the justifying circumstance of lawful
officer
exercise of duty?
Q: Can thedied.
thereafter accused
Y was use the defen
charged with homicide.
Q: What defenses can Y utilize?
prosecuted for the crime of homicide. May he raise
defense of a stranger?
raise in order to be freeQ: May
from he criminal
both raise defense
and of fulfillment of a duty?
icvil liability?
Discuss people
sleeping. v genosa
The wife raised BWS. Will it lie in her
favor?
Define BWS
3 phases of the cycle of violence
Define Tension Building Phase
Define Acute Battering phase
Define tranquil loving phase
Explain civil or criminal liability
a penalty of arrest menor or a fine not exceeding 200 pesos or both;
is provided. add prosec notes 2021
punished by capital punishment or afflictive penalties in any of its periods
punished by correctional penalties in their maximum periods
punished by arresto
supplementary menor
to such laws, unless the latter
should specially provide the contrary.
A: death
to YES. There
and the is nomenclature
no provision inofB.P.
the 22 prohibiting
penalties the
in the application
RPC will now of the Revised Penal Code, then the RPC shall a
be applied
Justifying circumstances;
fulfillment of duty Exempting circumstances; Mitigating circumstances; Aggravating circumstances
obedience
commissiontoofa the lawful order
crime. But he wanted to evade criminal liability by
invoking justifying circumstances.
As a rule it is the
circumstance thatprosecution thatthat
he is invoking, must first
will present
amount to evidence,
conviction it is only after the prosecution has presented evidenc
because he already admitted to the commission of the crime
1. Defensehimself;
defending of life; 2. Defense of honor or chastity; 3. Defense of property provided that it is coupled with an attack o
as to cause injury or danger to life or personal safety. Unlawful
aggression must come
Unlawful aggression fromprimordial
is the the victim.requisite which must at all times
be present. When unlawful aggression is absent, there is no selfdefense whether complete or incomplete
1. Actual
1. There must be physical
or Material or material
Unlawful attack or assault; 2. The attack or assault must be actual or at least imminent
Aggression;
2. Imminent
force or with Unlawful
a weapon,Aggression
an offensive act that positively determines
the intent of the aggressor
attitude, nor must it be merelyto cause the injury
imaginary, but must be offensive and
positively strong
rational in order to prevent the said unlawful
aggression
aggressor makes use of a bolo, the person defending must also make
use of a bolo.
aggression.

Provocation refers to any immoral act or conduct, unjustified act or conduct which stirs a person to do wrong.
Sufficient Provocation refers to an act which is adequate to stir a person to do the wrongful act and when it is propo
1. When no provocation at all was given; 2. When although provocation was given, it was not sufficient; 3. When alt
thestill
Y agression from the of
had the property victim put X
X. Had in not
realshot
perilYthe life knee,
in the or personal safety of the person defending himself. The peril m
Y would
have gotten
acquitted away
of the withcharged
crime the property of X he merely acted in
because
self-defense.
X has no right to wound nor kill Y. When he did so, it cannot
be saidperson
of the that the means he
defending employed
himself was reasonable
was placed in actual
and imminent danger
holdupper to save his life. Lastly, there was no sufficient
provocation
unlawful aggression. Therefore, A should be convicted of homicide.
Self-defense
There was nowould more not
honorlie in
to his favor
protect.
obfuscation. This to lower the imposable penalty.
when B fired, it was not an act of retaliation which is justifying
circumstance
no sufficient provocation coming from the woman. Therefore, the A: NO. Even if the unlawful aggress
woman was justified
provocation. It is the in killing
right thefather
of the man. to
She acted
know whyin his
self-defense
son was hurt
or injured by the neighbor

e, Ganal, Jr. emptied his gun in firing at the victim. The SC held that this is still reasonable means because what yo
 as X became the aggressor. X should be convicted of
homicide
woman.
Thus, the woman must be acquitted of the crime charged.
honor or chastity, in imminent danger. Since the element of
unlawful
own life. aggression
Therefore, the is absent,
two arethere is no self
inconsistent defense.
defenses
and cannot be raised at the same time
heIn
3. reason behind
case the self-defense
provocation was stand
given byground when inattacked,
the person the right. Stand ground in the right means that where the said
the one making the defense had no part therein
Even if the relative,
ascendant, descendant, who legitimate,
was defended by the
natural, or offender, was theorone who provoked the offended party, the offender
adopted brother
sister
law, Hofcan W.still
Thus,
arguethedefense
defenseof of arelative
strangeris untenable.
since C in this case is a
stranger
1.isUnlawful
It necessary aggression; 2. Reasonable
that in defending necessityhis
a total stranger, of the
onlymeans employed to prevent or repel the attack; 3. The pers
motive is the who
father-in-law nobleprovoked
objectiveA,toXhelp
wassomeone in to
not a party need
the said
provocation
degree of affinity as an ascendant. Thus, defense of a
relative
to help the would lie inoffavor
cousin of X.Therefore, defense of a
his wife.
stranger
A: YES, when woulditlieis relative by consanguinity, it is up to 4th
civil degree.
was no showing that B knows X, so it cannot be said that B is induced
by
him,anyit ismotive
no longer an act of defending his sister, it is an
act of retaliation.
benefit the harm has been prevented shall be civilly liable in
proportion
3. There was to the benefit
no other which they
practical and may have received
less harmful
means to avoid it.

ma hernandez
A: NO. yet
street, Thehe elements
proceeded. of state of necessity
It is through are all present.
his negligence The evilthe
that caused sought to be avoided actually exist because the
state of necessity,
authored or he wastherefore
the one who he isplaced
criminally and in
himself civilly liable.
the said
situation,
cannot invokehe cannot use
state of this defense
necessity in his
to free favor.
himself from
criminal liability
sudden. However, X and the people in the truck shall be
held
of thecivilly liable
due performance of his duty, then the said justifying
circumstance
2. The resulting would
felonylie is
inan
favor of the offender
unavoidable
consequence
2. Order was for a lawful purpose of his duty
of the performance
3. The means employed to carry out such order is lawful

his soil.
X was merely cultivating his soil and was not resisting arrest at that
time
Y acted in the performance of his duty in pursing X, an escaped convict. Likewise, the injury caused to X was the ne
the one who is killed. Therefore, he can also raise the
justifying
officer A’scircumstance of fulfillment
fulfillment of his of a duty
duty of saving the life of the
woman
harm was only inflicted once. Therefore, battered
woman syndrome will not lie in favor of the wife.
of psychological and behavioral symptoms found in women living in
battering relationships
3. The tranquil, as aatresult
loving (or, least,ofnonviolent)
cumulativephase;
abuse
belief that he has the right to abuse her in the first place.
and out of control, such that innocent bystanders or intervenors are
likely
person towhom
get hurtshe loves
woman syndrome. If this is proven, she is absolved from criminal and
civil liability
d prosec notes 2021

Penal Code, then the RPC shall apply suppletorily or supplementarily to the provisions of Special Penal Law unless the Specia

gravating circumstances

osecution has presented evidence that the defense would present evidence. If however the defense invoke any of the justifying

that it is coupled with an attack on the person entrusted with the said property;

complete or incomplete
ust be actual or at least imminent; 3. The attack or assault must be unlawful;

stirs a person to do wrong.

wrongful act and when it is proportionate to the gravity of the act
, it was not sufficient; 3. When although the provocation was sufficient, it did come from the person defending himself; and 4. A
on defending himself. The peril must not be an imaginary threat.

NO. Even if the unlawful aggression was started by A, the moment B gained possession of the bolo or gun, the unlawful aggres

sonable means because what you take into consideration is the point of view of the person defending himself. At that particular
e right means that where the said accused is where he should be and his assailant is fast approaching, the law does not require

d the offended party, the offender should took no part in the provocation in said situation so as to justify the defense of a relative

nt or repel the attack; 3. The person defending be not induced by revenge, resentment, or motive;

oided actually exist because the life of the baby and the mother is in danger. 2nd , The injury (death of the pregnant woman) is

the injury caused to X was the necessary consequence of the fulfillment of Y's duties, otherwise X will kill the child. Y can also
nal Law unless the Special Penal Law provides otherwise.

nvoke any of the justifying circumstances, the trial will be inverted. It is the defense that must first present evidence. Because h

efending himself; and 4. Although provocation came from the person defending himself, it is not immediate or imminent to the a

r gun, the unlawful aggression has already ceased to exist. There was no more danger on the life of B. so when B fired, it was

himself. At that particular moment, Ganal, Jr. felt that his family would be under attack.
g, the law does not require him to retreat because the moment he retreats he runs the risk of being stabbed at the back.

fy the defense of a relative

of the pregnant woman) is greater than that of the death of the fetus. Lastly, there was no other less practical or harmful means

ll kill the child. Y can also use the justifying circumstance of defense of the stranger.
sent evidence. Because he in effect admits the commission of the crime. He only wanted to avoid liability by saying that his act

diate or imminent to the aggression;

B. so when B fired, it was not an act of retaliation which is justifying circumstance

abbed at the back.

ractical or harmful means of preventing it. The situation was an emergency. The woman had no relatives with her so the doctor
bility by saying that his act was justifying
ves with her so the doctor has to decide immediately—either to save the life of the mother or the fetus. Therefore the doctor sh
s. Therefore the doctor should be absolved from criminal liability.