SELF DEFENSE | JUSTIFYING CIRCUMSTANCES

WHAT ARE THE CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY?

They are:

Justifying,
Exempting,
Mitigating,
Aggravating, and
Alternative.

JUSTIFYING CIRCUMSTANCES
Article 11 of RPC (Paragraph 5)
Justifying – a person who acts by virtue of justifying circumstance does not transgress the law that is, he does not commit any crime in the eyes of the law, because there is nothing unlawful in the acts as well as in the intention of the actor. The act of such person is in itself both just and lawful.

FULFILLMENT OF DUTY
In the justifying circumstances of a person having acted out of a fulfillment of a duty and the lawful exercise of a right or office,
There are only 2 conditions :
1. The felony was committed while the offender is in the fulfillment of duty or in the lawful exercise of a right or office, and
2. The resulting felony is the UNAVOIDABLE consequence of the due of the fulfillment of the duty or the lawful exercise of the right or office.

JUSTIFYING
Those circumstances wherein the acts of the actor are in accordance with law, and hence, he incurs no criminal and civil liability.

No crime is committed. Hence, it follows that there is no criminal to speak of. The actor has not incurred any criminal liability.

In self-defense the burden of proof rests upon the accused. His duty is to established self-defense by clear and convincing evidence; otherwise conviction would follow from his admission that he killed the victim (People v. Mercado 159 Phil. 453).

Reasonable necessity of the means employed is negated by the location and severity of the victim’s wounds. Mortal wounds at vital parts of the victim’s body indicate appellant’s determination to kill the deceased and not merely to defend himself (People v. Zate, Nov. 17, 2001).

In Justifying circumstances SD2AFOB means

Self defense

Defense of relative

Defense of stranger

Avoidance of greater evil/state of necessity

Fullfillment of duty of lawfull exercise of right

Obedience to order the issued by supperior for some lawfull purposes

Battered Woman syndrome.

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