02D-CLJ3-WK4 DEVELOPMENT OF THE LESSON

JUSTIFYING CIRCUMSTANCES

Justifying Circumstances
A person who acts under any justifying circumstances enumerated under the
RPC does not commit a crime under the law.

The following are justifying circumstances (shorter version):

1. Self-Defense
2. Defense of relatives
3. Defense of stranger
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right or office 6. Obedience to an
order issued for some lawful purpose

1.Requisites of Self-defense:
(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent or repel it; (c) Lack of
sufficient provocation on the part of the person defending himself.
2.Requisites of Defense of Relatives:
(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent it; and’
(c) The person defending acts in defense of the person of rights of his – (1)
Spouse;
(2)Ascendants;
(3)Descendants;
(4)Legitimate, natural or adopted brothers or sisters;
(5)Relatives by affinity (except the spouse) in the same degrees above like son-
in-law, brother-in-law, etc.; or
(6)Relatives by consanguinity within the fourth civil degree.
(d) In case the provocation was given by the person attacked, that the one making
the defense had no fault therein.

3.Requisites of Defense of Stranger:

(a) Unlawful aggression;
(b) Reasonable necessity of the means employed to prevent or repel it; and
(c) That the person defending be not induced by revenge, resentment or other evil
motives.

4.Requisites of Avoidance of Greater Evil or Injury:

(a) The evil sought to be avoided actually exists;
 (b) The injury feared be greater than that done to avoid it; and
(c) There be no other practical and less harmful means of preventing it.
02D-CLJ3-WK4 DEVELOPMENT OF THE LESSON

5.Requisites of Fulfillment of Duty or Lawful Exercise of Right or Office:

(a) The offender acts in the proper fulfillment of duty or in the lawful exercise of
right or office; and (b) The injury inflicted be necessary in the proper right of duty or
in the lawful exercise of right or office. (See People v. Belbes, 334 SCRA 161)

6.Requisites of Obedience to an order issued for some lawful purpose:

(a) The person acts in obedience to an order;
(b) The order was issued by a superior officer;
(c) The order is for some lawful purpose; and
(d) The injury or damage sustained or inflicted is the necessary consequence of
an act in obedience to the lawful order.

When the aggressor runs away, the one making a defense has no more right to
invoke
self-defense. (People v. Alconga, et al., 78 Phil. 366)

The number of the stab wounds and the nature thereof belie the theory of self-
defense. (People v. Abangon, 161 SCRA 255)

Defense of a relative cannot be claimed if the relative defended is the aggressor.

(People v. Anuril, (CA) 40 O.G. 8477)