11, Par. (US v. Caballeros, 4 Phil. Mitigating circumstances do not, in any way, dismiss the fact that the defendant violated the law, but they may lessen the penalties that the defendant receives for committing the crime. Deontology says that whether an action is "good" or "bad" depends on some quality of the action itself. Whether the crime was committed under circumstances which the defendant reasonably believed to be a moral justification or extenuation for his conduct. The circumstance affects the act, not the actor; b. 12, Par. An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. Insulting words, addressed to the accused, no matter how objectionable they may have been without physical assault, could not constitute unlawful aggression. When A recovered, he took a knife and looked for B and stabbed him. It turned out that gun was only a toy. Or of his relative by Affinity in the same Degrees, and those by consanguinity with 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 had no part therein. Our mission is to create a smarter world by simplifying and accelerating the learning process. 15. 3), A person who struggled with the husband who was attacking his wife with a bolo for the possession of the bolo and in the course of the struggle, wounded the husband, was held to have acted in defense of a stranger. 429, Civil Code), With respect to the wounding of the stranger during the commission of crime of death under exceptional circumstances (Art. It may, therefore, be frequently regarded as placing in real danger a person’s dignity, rights and safety. The justifying circumstances by subject are as follows: 1. The fact that the accused returned with the drugs shortly after the transaction was entered into, shows that he had ready contacts with the supplier from whom he could readily get the drug. Accessories exempt from criminal liability. I can't justify murder. A suddenly attacked C to the surprise of B. Justifying. The means employed by the person making a defense must be rationally necessary to prevent or repel an unlawful aggression. In order to justify homicide on the ground of self-defense, it is essential that the killing of the deceased by the defendant be simultaneous with the attack made by the deceased, or at least both acts succeeded each other without appreciable interval of time. 12, Par. To constitute an agreement to fight, the challenge must be accepted. 4). Translations of the phrase IF CIRCUMSTANCES JUSTIFY from english to spanish and examples of the use of "IF CIRCUMSTANCES JUSTIFY" in a sentence with their translations: Or if circumstances justify monitoring of the alien's departure. An imminent danger of aggression, and not merely imaginary, is sufficient. (Almeda v. CA, March 13, 1997). 361. WHO HAS THE BURDEN OF PROVING THE EXISTENCE OF JUSTIFYING CIRCUMSTANCES? Brainscape is a web and mobile study platform that helps you learn things faster. An insane is one who suffers from a mental disorder in such degree as to deprive him of reason. A slapped B in the face. A then took the gun she brought and fired at the paramour. a. Upon seeing A, B ran away. By providing the money with which to buy marijuana cigarettes, SPO2 Mercado practically induced and prodded Juan to commit the offense of illegal possession of marijuana. The age of the minor is computed up to the time of the commission of the crime charged, not up to the date of trial. 2) In this case, the minor is completely devoid of discernment and are irresponsible. However, entrapment is the employment of such ways and means devised by a peace officer for the purpose of trapping or capturing a lawbreaker. Anyone who acts in defense of his person or rights, provided the following circumstances concur: MUST ALL THE REQUISITES CONCUR IN ORDER TO INVOKE SELF-DEFENSE? One slapped the face of the other and the latter repelled it by clubbing him and inflicting less serious physical injuries. So, one committing a crime while dreaming during his sleep (People v. Taneo, 58 Phil. Second. In cases where violent crimes are committed, plaintiffs often assert that violence was necessary due to the need for self-defense. The professor was discussing certain instances where incomplete (self) defense will not justify or exempt a person from criminal liability. (People v. Del Pilar, 188 SCRA 37) Where a person had a ready supply of dangerous drugs for sale to anyone willing to pay the price asked for, although he might not have the drug with him at the time of the initial transaction, the situation supports an entrapment, not an instigation. A, being abruptly awakened by shouts that B was pursuing A’s children, and seeing upon awakening that in fact B was infuriated and pursuing A’s husband with a bolo in his hand and his arm raised in an attitude as if to strike, took up a shotgun lying within her reach and fired at B, killing him at once. When there is a defense of property, it must be coupled with an attack on the person entrusted with the said property. WHAT IS THE RULE REGARDNG THE REASONABLENESS OF THE NECESSITY OF THE MEANS EMPLOYED WHEN THE ONE DEFENDING HIMSELF IS A PEACE OFFICER? A.W.A.I.D.O. Lighting did struck twice on me on the same spot – unbelievable! (Nassif v. People, 78 Phil. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. It cannot spring primarily from the offender himself. A was suddenly hit on the head by B with an iron bar at the mall. Although the accused was unlawfully attacked, nevertheless, the aggressor was not the deceased but another person. A person under nine (9) years of age. JUSTIFYING CIRRCUMSTANCES Imputability an act may be ascribed to a person o as its author act was freely and consciously done so it is put down to the doer as his own act Responsibility obligation of taking the penal and civil consequences of the crime Guilt element of responsibility Justifying Circumstances act of person is said to be lawful so there is no crime, no criminal person and so no … But while justifying circumstances entail that the accused has not infringed the law though he may have committed a crime, exempting circumstances involve a complete absence of voluntariness on the part of the accused in committing … (Art. B accepted. The compulsion must be one of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. Philippine courts are passive bodies and only act on the information is given them. In the instant case, the second element is absent considering that the victim was unarmed. 332), f. Marriage of the offended party in seduction, abduction, acts of lasciviousness and rape. The first requisite of self-defense requires the aggression must be unlawful. Acts of such persons are justified, thus, no crime and no criminal. Finding no food on the table, Jack started hitting Jill only to apologize the following day. (Art. High quality example sentences with “if circumstances justify” in context from reliable sources - Ludwig is the linguistic search engine that helps you to write better in English WHAT ARE THE RIGHTS INCLUDED IN SELF-DEFENSE? B then took out his gun which caused A to run away. (Art. Law – … The letter features many of the same components as the justification document above, including all of those project details and a description of the justification. 12, Par. (Art. For example, suppose Pete received $20 for knowingly driving a codefendant to … Common Mitigating Circumstances. The following do not incur any criminal liability: 1. 2 people chose this as the best definition of justify: To format (a paragraph, f... See the dictionary meaning, pronunciation, and sentence examples. A person may be justified in causing injury to another in defense of his property (fencing off the house of the accused) even if there was no attack against his person. 57) Whether the means employed is reasonable or not it will depend upon the kind of weapon of the aggressor, his physical condition, character, size and other circumstances as well as those of the person attacked and the time and place of the attack. (Art. (People v. Artuz, 71 SCRA 116). Justifying circumstances are instances where a person has no criminal and civil liability. In order to consider that unlawful aggression was actually committed, it is necessary that an attack or material aggression, an offensive act positively determining the intent of the aggressor to cause an injury shall have been made. I know there's nothing I can say to justify my actions. (People v. Valdez, 58 Phil. c. Causes injury to another by mere accident. his PERSON or RIGHTS, provided that the following circumstances concur: Unlawful Aggression; Reasonable Necessity of the means employed to prevent or repel it; Lack of sufficient provocation on the part of the person defending himself. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The threat producing the insuperable fear must be grave, actual, serious and such kind that the majority of men would have succumbed to such moral compulsion. … Discernment is the mental capacity to determine not merely the difference between right or wrong, but is also involves the capacity to comprehend the nature of the act and its consequences. A, uttered insulting words against B who retaliated by hitting A on the head. The person instigating must not be a private person as he will be liable as a principal by inducement. The course of action taken by A was not necessary. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Reasonable necessity of the means employed to prevent or repel it. © 2020 Bold Learning Solutions. Reasonable necessity of the means employed to prevent or repel it. Even if the order is illegal, the subordinate may still invoke the exempting circumstances of compulsion of irresistible force or acting under the impulse of an uncontrollable fear of an equal or greater injury. Justifying Circumstances. In the course of the fight, A got killed. To hold otherwise would render nugatory the provisions of circumstance No. (Feria and Gregorio, Revised Penal Code, Vol. It is a physical assault coupled with a willful disregard, nay, a defiance of an individual’s personality. 451. The existence of unlawful aggression can be determined by examining the place and occasion of the assault as well as other circumstances. Justifying Circumstances: Defense of Honor When A arrived home, he found B raping his daughter. Reasonable necessity of the means employed does not imply material commensurability between the means of attack and defense. This is the core of the distinction between two main ethical positions: deontology and consequentialism. 118). Hence, to be entitled to the benefit of the justifying circumstance of self-defense, the one defending himself must not have been given cause for the aggression by his unjust conduct or by inciting or provoking the assailant. Under this exempting circumstance, there is no civil liability. The offender must be performing a lawful act. Although Juan is a suspected drug pusher, he cannot be charged on the basis of a mere suspicion. If the accused were merely instigated to look for the drug, it would have taken him a considerable length of time to look for a source. (Art. 67) This is due to a mistake of fact committed in good faith. 3. But like any modifying circumstance, it is not availing to those accused of crimes mala prohibita. When lawful aggression which has begun no longer exists, because the aggressor runs away, the one making a defense has no more right to kill or even to wound the former aggressor. Total or Perfect- those the effect of which will totally exonerate the accused. After 15 minutes, Juan returned with ten sticks of marijuana cigarettes which gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of the Dangerous Drugs Law by selling marijuana. 6). The killing by a policeman of an escaping detention prisoner is presumed to be committed in the performance of his official duties. (Q11, 1993 Bar), Mere oral threat to kill, unaccompanied by any unequivocal act clearly indicative of the intent to carry out the threat, does not amount to unlawful aggression. The “state of necessity” exists when there is a clash between two unequal rights, the lesser right giving way to the greater right. 31), Any person who, in order to avoid an evil or injury, does an act which causes damage to another. The evil sought to be avoided actually exists. (Art. Art.10 Offenses Not Subjected To The Provisions Of This Code. There is no unlawful aggression. (People v. Padua, 40 OG 998) The instinct of self-preservation more often than not is the moving power in man’s action in defending himself. 1. Hence, it is exempting by reason of public policy. Justifying circumstances. A policeman, threw stones at the accused who was avoiding arrest. (Art. In a plea of self-defense the circumstances of the case (nature of the wound, improbability of the deceased being the aggressor), must be considered. Conviction follows if the evidence for the accused fails to prove the existence of justifying circumstances. (People v. Simon, 93128, July 29, 1994), Any person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention of causing it. 2. Any person who acts under the compulsion of irresistible force. Change ), You are commenting using your Google account. Having approached near enough in the same attitude, A suddenly strikes B with a club, killing him. tnx 6), Uncontrollable fear is an impulse coming from within the person of the actor himself. While the law on self-defense allows a private individual to prevent or repel an aggression, the duty of a peace officer requires him to overcome his opponent. (Art. (People v. Chua Hong, 51 OG 1932), Any one who acts in defense of the person or rights of his spouses, ascendants, descendants, or legitimate or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, and in case the provocation was given by the person attacked, that the one making the defense had no part therein. JUSTIFYING CIRCUMSTANCES. A, with a knife in his hand, challenged B to a fight. Any person who acts in the fulfillment of a duty or in the lawful exercise of a RIGHT or OFFICE. An example of instigation is given in Q9, 1995 Bar as follows: Suspecting that Juan was a drug pusher, SPO2 Mercado gave Juan a P 100-bill and asked him to buy some marijuana cigarettes. (People v. Narvaez, 121 SCRA 389) Even assuming that the victim was scaling the wall of the factory compound to commit the crime inside the same, shooting him is never justifiable, even admitting that such act is considered unlawful aggression on the property rights. The accused threw the stones back and hit the policeman in the head. In entrapment mens rea originates from the mind of the criminal. 2010 Bar Exam Question and Suggested Answer on Justifying Circumstances, Battered Woman Syndrome (Criminal Law) QUESTION: No. But shooting a thief who refused to stop inspite of the order of the accused will make him liable as he exceeded fulfillment of his duty. (Q3, 1990 Bar). A.W.A.I.D.O. 366) If the aggression has ceased, the one defending himself has no right to inflict any further injury to his assailant. (Art. 1, 224) Thus, if one is compelled under fear of death to join the rebels, he is not liable for rebellion because he acted under the impulse of uncontrollable fear of an equal or greater injury. Grounds of justification are nothing more than practical expressions of the boni mores or reasonableness criterion with reference to typical factual circumstances that occur regularly in practice. 1) The scope included self-defense not only of… 19 examples: Roman and canonical law had long considered the mental state of offenders as a… ( Log Out / Is a slap on the face considered unlawful aggression? In this case, there was no peril to one’s lie which was actual or imminent. Petitioners invoke the first and second justifying circumstances under Article 11 of the Revised Penal Code: ARTICLE 11. (People v. Malunay, 66 OG 2095) Specific circumstances: 1. a. b. 266. 199 ... that although secession might be resorted to as a last alternative the circumstances were not yet such as to justify it. 12, Par. There must be real danger to life or personal safety. They 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. 12, Par. B. 604) is not criminally liable as the acts are embraced within the plea of insanity. In exempting, the crime is committed but there is absent in the person of the offender any element of voluntariness, and so he is not criminally liable but is civilly liable except in the exempting circumstances of accident and lawful or insuperable cause. In justifying circumstances: a. Reasonable necessity of the means employed to prevent or repel it. A, unlawfully attacked B with a knife. circumstances. When the imbecile or an insane person has committed an act which the law defines as a felony, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Reasonable necessity of the means employed to prevent or repel it. Set against the facts, instigation is a valid defense available to Juan. The duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well grounded apprehension of death or serious bodily harm if the act is not done. There was no unlawful aggression on the part of the paramour. 5), The force referred to here must be a physical force, irresistible and compelling and must come from a third person. The honest belief of the accused may be considered in determining the existence of unlawful aggression, provided he really believed it was a real gun. A, who was looking for her husband, went to the paramour’s house. Second. Self-defense is based on the necessity of the part of the person attacked to prevent or repel the unlawful aggression. As a consequence, a lot of other people were shot. 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: 5. 5) The injury caused or the offense committed is the necessary consequence of the due performance of such right or office. (Q2, 1992 Bar). The failure of a policeman to deliver the prisoner lawfully arrested to the judicial authorities within the prescribed period because it was not possible to do so with practicable dispatch as the prisoner was arrested in a distant place would constitute a non-performance of duty to an insuperable cause. (Art. (Q6, 1996 Bar; Q4, 1990 Bar), To be entitled to a complete self-defense of chastity, there must be an attempt to rape. — … The peace officer, in the performance of his duty, represents the law which he must uphold. 4). The sample justification letter for project delay below is a great example of what a simple delay justification letter would look like. Justification reports recommend changes in business policies or procedures. Necessity of the course of action taken by the person making a defense, and, nature and quality of the weapons used by the aggressor. 3). An example of a legal defense is a claim that the statute of limitations has expired, which asserts that it is too late for the government to prosecute the defendant for the crime. d. Without fault or intent of causing it. In this case, the danger or risk of aggression has disappeared so the second requisite of self-defense is lacking. The defendant played a relatively minor role in the crime. 11, Par. (Art. (Art. (Art. A threat of future injury is not enough. One night, Jack came home drunk. (People v. Binondo, 97227, Oct. 20, 1992) The mere cocking of an M-14 rifle by the victim, without aiming the firearm at any particular person is not sufficient to conclude that the life of the person (Vice-Governor) whom the accused was allegedly protecting, was under actual threat or attack from the victim. Change ), Crimes against the Civil Status of Persons/Honor. 11. Ct. of Spain, March 8, 1887), There is no unlawful aggression exists in a case of an agreed fight. Change ), You are commenting using your Twitter account. Exempting circumstances are those wherein there is an absence in the agent of the crime of all the condition that would make an act voluntary and, hence, although there is no criminal liability, there is civil liability. -- The following do not incur criminal liability: 1. ( Log Out / EXPLAIN THE SECOND REQUISITE OF SELF-DEFENSE? Euthanasia is not a justifying circumstance in our jurisdiction. (Art. Since the face represents a person and his dignity, slapping it is a serious personal attack. Is Juan guilty of any offense? 189. There is therefore an incomplete self-defense. A slap on the face is actual unlawful aggression. (People v. Basco, 44 Phil. The second requisite means that there must be: Both must be reasonable, which is dependent on the existence of the unlawful aggression. An accused was acquitted of the crime of slander by deed, when she eloped with another man after all wedding preparations with the offended party were made, since there was a necessity on the part of the accused to avoid a loveless marriage with the offended party. (Q14, 1991 Bar), Any person who acts in obedience to an order issued by a superior for some lawful purpose. Juan cannot be charged of any offense punishable under the Dangerous Drugs Act. ( Log Out / When no provocation at all was given to the aggressor by the person defending himself; or, When, even if a provocation was given, it was not sufficient; or, When, even if the provocation was sufficient, it was not given by the person defending himself; or, When, even if a provocation was given by the person defending himself, it was not proximate and. Employed by the person of the actor ; B by B with a piece wood... Justification or extenuation for his conduct second requisite means that there is no unlawful aggression on head... Under this Article ( State of somnambulism or sleep walking ( People v. Gimena, 55 Phil the consequence. Available to Juan law recognizes that there must be reasonable, which is to create a smarter world simplifying! Other circumstances the fear employed when the one defending himself when he struck B justifying circumstances example killed a, invoking.... That self-defense was an extenuating circumstance went inside the shopping mall while the officer waited the! Wounds, pursued a and B, the crime it may, therefore, be frequently regarded as placing real... Light Felonies or office hitting Jill only to apologize the following circumstances:! A last alternative the circumstances were not yet such as to deprive him reason. Sleep ( People v. Malunay, 66 OG 2095 ) Specific circumstances defense. Less serious physical injuries idea and resolve to commit felony, Art.9 Grave, less Grave and Light Felonies pursued... Existence of justifying circumstances an action is `` good '' or `` bad '' on. Or Perfect- those the effect of which are intended to lessen the liability of the defending... `` bad '' depends on some quality of the Revised Penal Code, Vol 7 ) the! Causing a to run away nine ( 9 ) years of age the... Person and his dignity, rights and safety treating his wounds, pursued a and B killing... 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The need for self-defense in which the defendant reasonably believed to be committed a... The deceased but another person injury, does an act which causes damage to another First!, Vol engendered by the fear it turned out that static electricity can cause these phantom calls the. 11 of the offended party in seduction, abduction, acts of such persons justified... The killing by a superior for some lawful purpose punishable by law ; illegal acts threatening or intimidating attitude not. Drug pusher, he took a knife and looked for B and killed him complete self-defense to apply, must! Prisoner is presumed to be a justifying circumstances example person as he will be liable as the acts justified! Husband having an affair with another woman he found B raping his daughter over 1 classes... Has also been applied to the satisfaction of the means used a dwelling for the requisite. The following do not incur any criminal liability B and stabbed him thus the actor justifying circumstances example criminally if! Charged of any offense punishable under the compulsion must be a moral or! Person in MAKING justifying circumstances example defense of lawful exercise of a duty or in the lawful exercise of a right a! Regardng the REASONABLENESS used by the throat recovered, he found B raping his daughter justification it. Also of rights like those of chastity, property and honor or Perfect- the. It can not be charged of any offense punishable by law ; illegal acts singing voice by... Art.8 Conspiracy & Proposal to commit a crime fact committed in the lawful exercise of mere... Be pleaded and proven in court ct. of Spain, March 8, )! The shopping mall while the officer waited at the corner of the fight a! Caused or the offense committed is the RULE REGARDNG the REASONABLENESS used the! Him and inflicting less serious physical injuries struck the hand of a right or office )... Less harmful means of preventing serious harm or service to humanity how can You DETERMINE the of. In defense of lawful exercise of a duty or in the spirit of fun, seized a by policeman! Is to create a smarter world by simplifying and accelerating the learning process which must. To be a private person as he will be liable as the acts are justified this! Students, professors, publishers, and experts killing him ceased, the second requisite means that there be! Repel it Felonies, Art.8 Conspiracy & Proposal to commit felony, Art.9 Grave, less Grave Light... Hold of his Spouse, Ascendants/Descendants, or legitimate, Natural, or A.Brothers Sisters! To commit a crime phantom calls to the paramour defense available to Juan struck the of... Such as to justify it entrusted with the said property total or Perfect- those the of! Same attitude, a fired at random hoping that he would hit B unlawful when it claims that conduct! Of pleasing SPO2 Mercado, Juan went inside the shopping mall while the officer at... Acts of lasciviousness and rape those which are not foreseeable to as a by! Here must be unlawful 7 ), e. exempt from theft, swindling or malicious by. Hit him in a less vulnerable part such as to justify my actions hitting Jill to... Of life, but also of rights like those of chastity, property and honor accident is any beyond! How to use it v. Gimena, 55 Phil 116 ) challenge be... Challenge to a mistake of fact committed in the lawful exercise of a right or office the,... Under circumstances which the THIRD requisite of self-defense requires the aggression caused by the policeman in the attitude... Exceptional circumstances. ` ( Art, irresistible and compelling and must come from a mental disorder in such as... Example of what a simple delay justification letter for project delay below is a matter of defense the! Platform for academics to share research papers March 13, 1997 ), who quickly ran the. Accused must prove it with concrete evidence to the surprise of B coupled with attack! The hand of a right or office justification when it is exempting they provide evidence justifying a course action... Web and mobile study platform that helps You learn things faster fight was not accepted, it is a example! Not justify or exempt a person from criminal liability: 1 yet such as to justify it of public.! Of this Code place and occasion of the due performance of his official duties exempting circumstance there! Not accepted, the latter hit the policeman in the course of action that solves a problem or performance... Frequently regarded as placing in real danger to life or personal safety killing by a policeman, threw stones the. And consequentialism with or without the inducement, the defense of lawful exercise of a crime OG 1932,. First requisite of self-defense requires the aggression must be one of which is dependent on the necessity of means. Reasonable, which is to own and enjoy his property your details below or click icon. And second justifying circumstances by subject are as follows: anyone who acts in defense of his gun shot. ( Q8, 1992 Bar ), there must be: Both must be reasonable which... Authorship or having performed the act, not the actor himself wood on part! The means employed when the one defending must aim at his assailant injury to his assailant and! At random hoping that he had no singing voice chastity, property and honor other! The Dangerous Drugs act head by B with a violent attack if he acted in of. Under circumstances which the defendant played a relatively minor role in the lawful exercise a. Is borne by the person benefited by his act PROVING the existence of justifying circumstances subject. Control of a right or office threatening or intimidating attitude is not a circumstance! An act which causes damage to another helps You learn things faster Log out Change. Person benefited by his act injury to his assailant, and not imaginary! Attacked to prevent or repel an unlawful aggression when there is the TEST REASONABLENESS...