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Ceased To Exists and That There Was No Longer Sufficient Provocation On The Part of The Person

Juan killed Pedro with a gun after Pedro had punched and taunted Juan in front of others, humiliating him. When arrested, Juan claimed self-defense. However, his defense was deemed invalid because there was no longer any unlawful aggression after Pedro resumed working, and Juan lacked sufficient provocation, as the initial altercation had ended. For a self-defense claim to be valid under Article 11, the defense must use reasonable means to prevent an ongoing unlawful aggression and have no provocation of their own.

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Brent Christian Taeza Torres
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137 views1 page

Ceased To Exists and That There Was No Longer Sufficient Provocation On The Part of The Person

Juan killed Pedro with a gun after Pedro had punched and taunted Juan in front of others, humiliating him. When arrested, Juan claimed self-defense. However, his defense was deemed invalid because there was no longer any unlawful aggression after Pedro resumed working, and Juan lacked sufficient provocation, as the initial altercation had ended. For a self-defense claim to be valid under Article 11, the defense must use reasonable means to prevent an ongoing unlawful aggression and have no provocation of their own.

Uploaded by

Brent Christian Taeza Torres
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ARTICLE 11 – SELF DEFENSE

42. While Pedro was welding, Juan kicked the machine Pedro was using. Pedro, who is bigger,
punched and taunted Juan in front of a lot of people. Juan was humiliated. Juan did not respond
as he was physically overpowered. When Pedro resumed working, Juan, with the use of a gun,
killed Pedro. Juan was arrested and he interposed self-defense. Is his defense valid?

Answer:
NO, the self-defense was invalid. Art.11, par. 1 provides that, for self-defense to be valid,
the following circumstances must concur:
1. Unlawful aggression
2. Reasonable means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself

In this case, when Pedro resumed working again, the unlawful aggression already
ceased to exists and that there was no longer sufficient provocation on the part of the person
defending himself.

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