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  • I. Justifications 1.1. Self Defense, Defense of Relatives and Defense of Strangers

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    John Rey Feraren
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    This document outlines four justifications that may be claimed as defenses for criminal liability: 1) self defense, defense of relatives, and defense of strangers; 2) avoidance of greater evil or injury/state of necessity; 3) fulfilment of duty; and 4) obedience to a lawful order. For each justification, relevant sections of the anti-graft and corrupt practices act are cited along with case names and citations that provide legal precedent for when these justifications can be argued.

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    This document outlines four justifications that may be claimed as defenses for criminal liability: 1) self defense, defense of relatives, and defense of strangers; 2) avoidance of greater evil or injury/state of necessity; 3) fulfilment of duty; and 4) obedience to a lawful order. For each justification, relevant sections of the anti-graft and corrupt practices act are cited along with case names and citations that provide legal precedent for when these justifications can be argued.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    53 views1 page

    I. Justifications 1.1. Self Defense, Defense of Relatives and Defense of Strangers

    Uploaded by

    John Rey Feraren
    This document outlines four justifications that may be claimed as defenses for criminal liability: 1) self defense, defense of relatives, and defense of strangers; 2) avoidance of greater evil or injury/state of necessity; 3) fulfilment of duty; and 4) obedience to a lawful order. For each justification, relevant sections of the anti-graft and corrupt practices act are cited along with case names and citations that provide legal precedent for when these justifications can be argued.

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    © All Rights Reserved
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    1

    I. JUSTIFICATIONS

    1.1. Self Defense, Defense of Relatives and Defense of Strangers


    192. a 11, para 1-3
    193. United States vs. Paras, 9 Phil., 367, No. 3959 December 16, 1907
    194. Lacson vs. Court of Appeals, 94 SCRA 461, No. L-46485 November 21,
    1979
    195. People vs. Narvaez, 121 SCRA 389, Nos. L-33466-67 April 20, 1983
    196. Olbinar vs. Court of Appeals, 193 SCRA 115, G.R. No. 76235 January
    21, 1991
    197. People vs. Rubiso, 399 SCRA 267, G.R. No. 128871 March 18, 2003
    198. People vs. Nugas, 661 SCRA 159, G.R. No. 172606 November 23, 2011
    199. People vs. Del Castillo, 663 SCRA 226, G.R. No. 169084 January 18,
    2012
    200. Nacnac vs. People, 668 SCRA 846, G.R. No. 191913 March 21, 2012
    201. Flores vs. People, 692 SCRA 127, G.R. No. 181354 February 27, 2013
    202. People vs. Samson, 769 SCRA 171, G.R. No. 214883 September 2,
    2015

    1.2. Avoidance of Greater Evil or Injury / State of Necessity


    203. a 11, para 4
    204. Ty vs. People, 439 SCRA 220, G.R. No. 149275 September 27, 2004
    205. People vs. Retubado, 417 SCRA 393, G.R. No. 124058 December 10,
    2003
    206. People vs. Punzalan, Jr., 687 SCRA 687, G.R. No. 199892 December
    10, 2012

    1.3. Fulfilment of Duty


    207. a 11, para 5
    208. People vs. Pajenado, 69 SCRA 172, No. L-26458 January 30, 1976
    209. Cabanlig vs. Sandiganbayan, 464 SCRA 324, G.R. No. 148431 July 28,
    2005
    210. People vs. Ulep, 340 SCRA 688, G.R. No. 132547 September 20, 2000
    211. Yapyuco vs. Sandiganbayan, 674 SCRA 420, G.R. Nos. 120744-46 June
    25, 2012
    212. Ambil, Jr. vs. Sandiganbayan, 653 SCRA 576, G.R. No. 175457 July 6,
    2011

    1.4. Obedience to a lawful order


    213. a 11, para 6
    214. Tabuena vs. Sandiganbayan, 268 SCRA 332, G.R. Nos. 103501-03, G.R.
    No. 103507 February 17, 1997 copy
    215. Ambil, Jr. vs. Sandiganbayan, 653 SCRA 576, G.R. No. 175457 July 6,
    2011

    CRIM 1 SYLLABUS

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