Imputability - the quality by which an act may First.

That the evil sought to be avoided

be ascribed to a person as its author or actually exists;
owner. Second. That the injury feared be
Responsibility - obligation of suffering the greater than that done to avoid it;
consequences of crime.
Third. That there be no other practical
Guilt - element of responsibility, for a man
and less harmful means of preventing it.
cannot be made to answer for the
consequences of a crime unless he is guilty. 5. Any person who acts in the fulfillment
Justifying circumstances - acts of a person of a duty or in the lawful exercise of a
are said to be in accordance with law, the right or office.
person does not transgress the law and is free 6. Any person who acts in obedience to
from criminal and civil liability. an order issued by a superior for some
lawful purpose.
ARTICLE 11
Justifying circumstances. - The following Burden of proof - prove the justifying
do not incur any criminal liability: circumstance claimed by him to the
1. Anyone who acts in defense of his satisfaction of the court in order to avoid
person or rights, provided that the criminal liability.
following circumstances concur; Self-defense - prove by clear and convincing
First. Unlawful aggression. evidence that he indeed acted in defense of
himself (via sufficient, satisfactory and
Second. Reasonable necessity of the
convincing evidence).
means employed to prevent or repel it.
Third. Lack of sufficient provocation on Paragraph 1 - SELF-DEFENSE (person in
the part of the person defending himself. defense must have been attacked with actual
2. Any one who acts in defense of the physical force or with actual use of weapon)
person or rights of his spouse, Requisites (note: the first two requisites
ascendants, descendants, or are common to SD, DOAR, DOAS they only
legitimate, natural or adopted brothers differ with the third req.) Case: PP v
or sisters, or his relatives by affinity in Boholst-Caballero:
the same degrees and those 1. unlawful aggression - presupposes
actual, sudden, unexpected or
consanguinity within the fourth civil
imminent danger.
degree, provided that the first and second
Two types: lawful aggression and
requisites prescribed in the next preceding unlawful aggression
circumstance are present, and the further 2. reasonable necessity of the means
requisite, in case the revocation was given employed to prevent or repel it
by the person attacked, that the one 3. lack of sufficient provocation on the
making defense had no part therein. part of the person defending himself.
3. Anyone who acts in defense of the Considered present when:
person or rights of a stranger, provided 1. no provocation
that the first and second requisites 2. provocation was not sufficient
3. provocation was sufficient
mentioned in the first circumstance of this
(should be proportionate to
Article are present and that the person
the act of aggression) but was
defending be not induced by revenge, not given by the person
resentment, or other evil motive. defending himself.
4. Any person who, in order to avoid an 4. provocation was given by the
evil or injury, does not act which causes person but not proximate and
damage to another, provided that the immediate.
following requisites are present;
Peril to one’s life:
 1. Actual - danger must be present (US v 2. reasonable necessity of the means
Jose Laurel) employed to prevent or repel it
2. Imminent - danger is on point of 3. provocation was given by the person
happening (PP v Cabungcal) attacked, the one making a defense
Peril to one’s limb - attacked person is in had no part therein (event which may
imminent danger of death of bodily harm. or may not take place).
Retaliation - aggression that was begun by Reason: although provocation
the injured party already ceased to exist when prejudices the person who gave it, its
the accused attacked him (not a justifying effects do not reach the defender who
circumstance). took no part therein because the latter
Defense of rights requires the 1st and 2nd was prompted by some noble
requisites. sentiment in protecting a relative.
Three classes of defense: Paragraph 3 - DEFENSE OF STRANGER
1. DEFENSE OF WOMAN’S HONOR (those who are not mentioned in par 2)
(PP v DELA CRUZ) Requisites:
2. DEFENSE OF PROPERTY (PP v 1. unlawful aggression
APOLINAR) 2. reasonable necessity of the means
3. DEFENSE OF HOME (PP v employed to prevent or repel it
NARVAEZ) 3. person defending be not induced by
an evil motive (actuated by a
Necessity of the course of action taken - if disinterested motive)
there was no unlawful aggression (or it has Paragraph 4 - AVOIDANCE OF GREATER
ceased to exist) no necessity for any course of EVIL OR INJURY
action to take. Requisites:
Necessity of the means used - employed by 1. evil sought to be avoided actually
the person making a defense must be exists
rationally necessary to prevent or repel an UA. 2. injury feared be greater than that done
to avoid it
REASONABLENESS OF THE MEANS WILL 3. no other practical and less harmful
DEPEND UPON: means of preventing it
1. THE NATURE AND QUALITY OF Paragraph 5 - FULFILLMENT OF DUTY OR
THE WEAPONS LAWFUL EXERCISE OR OFFICE (PP v
2. PHYSICAL CONDITION , FELIPE DELIMA)
CHARACTER, AND SIZE Requisites:
3. OTHER CIRCUMSTANCE 1. accused acted in the performance of
CONSIDERED duty or in the lawful exercise of a right
or office
Battered Woman Syndrome - woman 2. injury caused or the offense committed
repeatedly subjected to any forceful physical by the necessary consequence of the
or psychological behavior by a man (coercion). due performance of duty
Phases: Paragraph 6 - OBEDIENCE TO AN ORDER
1. TENSION-BUILDING PHASE ISSUED FOR SOME LAWFUL PURPOSE
2. ACUTE BATTERING INCIDENT Requisites:
3. TRANQUIL, LOVING (NON-VIOLENT) 1. order has been issued by a superior
PHASE 2. order should be a lawful purpose
Paragraph 2 - DEFENSE OF RELATIVES 3. means used by the subordinate to
(Can be defended: (1)spouse, (2)ascendants, carry out said is order is lawful
(3)descendants, (4)legitimate/natural/adopted Exempting circumstances - grounds for
brothers/sisters, (5)by affinity same degrees, exemption from punishment because there is
consanguinity within 4th civil degree) wanting in the agent of the crime any of the
Requisites: conditions which make the act voluntary or
1. unlawful aggression neglient.