Justifying Circusmtances ( Article 11)
person or at least a threat to inflict
 Those where the act of a person is said to be in
accordance with law
 The person is deemed not to have transgressed
the law
 There is NO criminal and civil liability except in
paragraph 4 (state of necessity)
What are the Justifying Circumatnces ART. 11?
1. Self-Defense
2. Defense of Relatives
3. Defense of a Stranger
4. State of Necessity
5. Fulfillment of Duty
6. Obedience to an Order
1. Self-Defense
Anyone who acts in defense of his person or rights,
provided that the ff. circumstances concur:
First: Unlawful Aggression – most important element
Second: Reasonable necessity of the means
employed to prevent or repel it.
Third: Lack of sufficient provocation on the part of
the person defending himself.
Note: Dapat kumpleto lahat ng explements para
magkaroon ng “ Self-Defense”
First: Unlawful Aggression
Two Kinds of Aggression:
1. Lawful aggression
Example: Doctrine of Self-Help The owner or
lawful possessor of a thing has the right to
exclude any person from the enjoyment and
disposal thereof. For this purpose, he may use
such force as may be reasonably necessary to
repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
property. (Art. 429, Civil Code)
2. Unlawful aggression
 an assault or at least a threatened
assault of an immediate and
imminent
 an actual physical assault upon a
real injury.
 There must be actual physical force or
actual use of weapon
 Insulting words, no matter how
objectionable, without physical force,
does not constitute unlawful
aggression.
 A slap on the face constitutes
unlawful aggression. (Because a
person’s face represents your own
person and dignity)
 Retaliation is NOT self-defense
 The unlawful aggression must come
from the person who was attacked by
the accused
 No unlawful aggression when there is
agreement to fight
 Mere threatening attitude is not
unlawful aggression
 The belief of the accused may be
considered in determining the
existence of unlawful aggression.
 Mistake of Fact (Ignorantia facti
excusat) an honest mistake of fact
destroys the presumption of
criminal intent which arises upon
the commission of a felonious act.

2 kinds of Unlawful aggression
1. Actual – the danger is present, that is, it is
actually in existence
2. Imminent – the danger is on the point of
happening.
Second: Reasonable necessity
2 Aspects:
1. Necessity of the COURSE OF AN ACTION
2. Necessity of the MEANS USED
Third: Lack of sufficient provocation
Provocation – action or speech held to be likely
to prompt physical retaliation.
Sufficient Provocation – provocation must be
proportionate to the act of aggression and
 adequate to stir the aggressor to its
commission.
Lack of Sufficient provocation on the part of the person
defending himself
1. When no provocation at all was given by the
person defending
2. Even if a provocation was given, it was not
sufficient
3. Even if the provocation was sufficient, it was not
given by the person defending himself
4. The provocation was not proximate and
immediate to the act of aggression.
What will happen if ONE or SOME of the requisites of
SELF-DEFENSE are not present? Incomplete Self
Defense
 Element no. 1 is missing – Self-Defense can’t
be validly invoke; No self-defense to
be speak of;
 If only Element no. 2 is present - will result
to ORDINARY MITIGATING
CIRCUMSTANCES (Art. 13)
 If Element no. 1 and another 1 element is
present – Will result to PRVILEGED
MITIGATING CIRCUMSTANCE (Art.
69)
In what case is the accused NOT criminally liable even
in the absence of any of the conditions for SELF-
DEFENSE?
 R.A. 9262 Anti-Violence Against Women and
Their Children Act of 2004 (VAWC),
indicating the Battered Woman
Syndrome
Cycle of Violence
Three Phases of the Cycle of Violence:
1. Tension-Building Phase - minor battering
occurs – it could be verbal or slight physical
abuse or another form of hostile behavior
2. Acute Battering Incident - is said to be
characterized by brutality, destructiveness and,
sometimes, death.
3. Tranquil Loving Phase – a period wherein the
couple experience profound relief.
3 Requisites for Battered Woman Syndrome to be use
as a Defense
1. There must be at least two battering episodes
CIRCUMSTANCES between the appellant and her
intimate partner.
2. The final acute battering episode preceding the
killing of the batterer must have produced in the
battered person's mind an actual fear of an imminent
harm
3. At the time of the killing, the batterer must have
posed probable =- not necessarily immediate and
actual -- grave harm to the accused.
2. Defense of Relatives
Who are Relatives defended under Par. 2:
1. Spouse
2. Ascendants – Parents to Grandparents
3. Descendants – Children to Grandchildren
4. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees.

5. Relatives by consanguinity (Blood Relatives)

Tension - within the fourth civil degree.
Building Phase
3 Requisites of Defense of Relatives

1. Unlawful aggression

2. Reasonable necessity of the means employed to

prevent or repel it.

Tranquil, Loving Acute Battering 3. In case the provocation was given by the person
Phase Incident attacked, the one making the defense had no part
therein.
  Unlawful aggression may depend upon the
honest belief of the one making the defense.
3. Defense of Stranger
Par. 3 Anyone who acts in defense of the person
or rights of a stranger, provided that the first
circumstance of this Article are present and that the
person defending be not induced by revenge,
resentment, or other evil motive.
3 Requisites of Defense of Strangers
1. Unlawful aggression
2. Reasonable necessity of the means employed to
prevent or repel it.
3. The person defending be not induced by revenge,
resentment, or other evil motive.
Strangers - any person not included in the enumeration
of relatives mentioned in paragraph 2 of Art. 11.
4. State of Necessity
 Par. 4 Any person who, in order to avoid an
evil or injury, does not act which causes
damages to another, provided that the
following requisites are present
1. That the evil sought to be avoided actually
exists;
2. That the injury feared be greater than that
done to avoid it;
3. That there be no other practical and less
harmful means of preventing it.
 The evil sought to be avoided must not be
attributable to the person raising the justifying
circumstance.
 Not exempted from civil liability; the persons
whose benefit the harm has been prevented
shall be civilly liable in proportion to the
benefit which they may have received.
5. Fulfillment of Duty
2 Requisites of Fulfillment of Duty
a.) That the accused acted in the performance
of a duty or in the lawful exercise of a right or office;
b.) That the injury caused or the offense
committed by the necessary consequence of the due
performance of duty or the lawful exercise of such right
or office.
6. Obedience to a Lawful Order
Par. 6 Any person who acts in obedience to an
order issued by a superior for same lawful purpose.
3 Requisites of Obedience to a Lawful Order
1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
3. That means used by the subordinate to carry out said
order is lawful.
-
Art. 13. Mitigating Circumstances
Ordinary Mitigating Circumstance as tackle in Art. 11
 Those mentioned in the preceding chapter,
when all the requisites necessary to justify or
to exempt from criminal liability in the
respective cases are not attendant. (Only No. 1
element is present)
Note: Penalty provides 2 Indivisible Penalties: impose
lesser penalty; If penalty is divisible by 3 periods then
imposed in at the minimum period.
Privileged Mitigating Circumstances – atleast 2 or
majority of elements were present
 Penalty to be imposed be lower by one or
two degrees than that prescribed by law