CRIMINAL LAW NOTES FOR FINALS killed by the accused (one who acts in

self-defense).
ARTICLE 11: JUSTIFYING
CIRCUMSTANCES. The following do no - There must be an actual
incur any criminal liability: aggression or threat of an
immediate or imminent attack
ANY ONE WHO ACTS IN:
- VALID SELF DEFENSE= unlawful
1. SELF DEFENSE aggression.
2. DEFENSE OF RELATIVES
DOCTRINE OF SELF-HELP: the force or
3. DEFENSE OF STRANGERS
means used should be reasonable in
4. AVOIDANCE OF GREATER
order to help yourself from being
INJURY
injured.
5. OBEDIENCE TO AN ORDER
ISSUED BY SUPERIOR Example:
EFFECT IF THERE IS JUSTIFYING NOTE; the aggression must involve
CIRCUMSTANCES: peril/danger to one’s life, limb or right.
 The act of the accused is lawful KINDS OF UNLAWFUL AGGRESSION
and free from criminal and civil
1. ACTUAL OR MATERIAL: attack
liability
with physical force or weapon.
I. SELF DEFENSE
CASE; PP V LAUREL
REQUISITES:
- Defense must be made
1) Unlawful aggression
simultaneous to attack or at the
2) Reasonable necessity of the
very least immediately because if
means employed to prevent or
not, it is retaliation or revenge.
repel it
- Must not be preceded by a time
3) Lack of sufficient provocation on
allowing for deliberation and cool
the part of the person defending
thinking.
himself
2. IMMINENT: attack impending or
Self defense is part of the nature of at the point of happening
human being because a man’s natural
CASE; PP V CABUNGCAL
instinct is to save himself for the reason
that the state cannot be there to save NOTE: When the aggressor flees,
us at all times. unlawful aggression no longer exists
because it must be continuing.
FIRST REQUISITE: UNLAWFUL
AGGRESSION Example;
There must be an unlawful aggression MERE THREATENING IS NOT
on the part of the person injured or UNLAWFUL AGGRESSION
EXAMPLE:
FACTORS THAT BELIE UNLAWFUL
AGGRESSION
 Nature, character, location and
extent of victim’s wound/s
 Physical facts or circumstances
 Circumstances after the execution
of self-defense
 Analogous circumstances
UNLAWFUL AGGRESSION IN DEFENSE
OF OTHER RIGHTS
1. Defense of honor
2. Defense of woman’s honor
3. Defense of property
4. Defense of home
2ND REQUISITE OF SELF-DEFENSE
REASONABLE NECESSITY OF THE
MEANS EMPLOYED