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a collections of case digests and laws that can help aspiring law students to become a lawyer


ARTICLE 11 - JUSTIFYING CIRCUMSTANCES

4/1/2020

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Article 11. Justifying circumstances. — The following do not incur any criminal liability:

1. Anyone w h o a c t s i n d e f e n s e of h i s p e r s o n or rights,provided that t h e f o l l o w i n g c i r c u m s t a n c e s concur:


First. Unlawful aggression;
Second. Reasonable n e c e s s i t y of t h e 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 t h e person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters, or of h i s relatives by affinity in the
same degrees, and those by consanguinity w i t h in the fourth civil degree, provided that t h e f i r s t a n d second requisites prescribed in t h e 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.

3. Anyone who acts in defense of t h e person or rights of a stranger, provided that the first and second requisites mentioned in t h e first circumstance of t h i s article are present and that the person defending be not induced by revenge,
resentment or other evil motive.

4. Any p e r s o n who, in order t o a v o i d an evil or injury, does an act w h i c h c a u s e s damage t o another, provided that the following r e q u i s i t e s are present:

First. That t h e evil sought to be avoided actually exists;
Second. That t h e injury f e a r e d be greater t h a n that done to avoid it.
Third. That t h e r e be no o t h e r practical and l e s s harmful means of p r e v e n t i n g it.

5. Any p e r s o n w h o a c t s in t h e fulfillment of a duty orin t h e lawful e x e r c i s e of a right or office.

6. Any p e r s o n w h o a c t s i n o b e d i e n c e t o a n order i s s u edby a superior for some lawful purpose.

Source : The Revised Penal Code
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