Is Juan guilty of any offense? 2) In this case, the criminal intent (mens rea) originates in the mind of the instigator and the accused is lured into the commission of the offense charged in order to prosecute him. But while justifying circumstances entail that the accused has not infringed the law though he may have committed a crime, exempting circumstances involve a complete absence of voluntariness on the part of the accused in committing … 11, Par. 199 ... that although secession might be resorted to as a last alternative the circumstances were not yet such as to justify it. (Q2, 1992 Bar). 5) The injury caused or the offense committed is the necessary consequence of the due performance of such right or office. (People v. Valdez, 58 Phil. (Art. (People v. Bentres, 49 OG 4919) Also, under the doctrine of self-help, the law justifies the act of the owner as lawful possessor of a thing in using such force as is reasonably necessary for the protection of his proprietary or possessory right. The injury feared be greater than that done to avoid it. An insane is one who suffers from a mental disorder in such degree as to deprive him of reason. 328. WHAT ARE THE RIGHTS INCLUDED IN SELF-DEFENSE? (People v. Simon, 93128, July 29, 1994), Any person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention of causing it. Justify sentence examples. 204). (People v Chua Chiong, 51 OG 1932), Aggression is considered unlawful when it is unprovoked or unjustified. (Art. 6, Par. Finding no food on the table, Jack started hitting Jill only to apologize the following day. Justifying circumstances. Reasonable necessity of the means employed to prevent or repel it. When the aggression is so sudden that there is no time left to the one making a defense to determine as to what course of action to take, the second requisite of self-defense is satisfied. Common Mitigating Circumstances. (People v. Artuz, 71 SCRA 116). physical condition, character, size, and other circumstances and those of the person defending himself (3)place and occasion of the assault. 80 [Repealed by PD 603]. (People v. Padua, 40 OG 998) The instinct of self-preservation more often than not is the moving power in man’s action in defending himself. (Art. The justifying circumstances by subject are as follows: 1. (People v. Del Pilar, 44 OG 596) Unlawful aggression may no longer exist if the aggressor ran away after the attack. c. Jack and Jill have been married for seven years. 15. 2. The threat producing the insuperable fear must be grave, actual, serious and such kind that the majority of men would have succumbed to such moral compulsion. In this case, there was no rational necessity to employ the means used. Any person who acts in the fulfillment of a duty or in the lawful exercise of a RIGHT or OFFICE. Academia.edu is a platform for academics to share research papers. When there is a defense of property, it must be coupled with an attack on the person entrusted with the said property. It was a case of adultery in flagrante delicto asked with twists in our Criminal Law subject.. First instance: The topic was about mitigating circumstances.I was called for recitation. B, after treating his wounds, pursued A and shot him. No, because his acts are justified under this Article (State of necessity). (Art. The “state of necessity” exists when there is a clash between two unequal rights, the lesser right giving way to the greater right. (Dec., Sup. Any person who acts under the compulsion of irresistible force. 3), A person who struggled with the husband who was attacking his wife with a bolo for the possession of the bolo and in the course of the struggle, wounded the husband, was held to have acted in defense of a stranger. It is required that the order in itself must be lawful; that it is for a lawful purpose; and that the person carrying out the order must also act within the law. 2010 Bar Exam Question and Suggested Answer on Justifying Circumstances, Battered Woman Syndrome (Criminal Law) QUESTION: No. I know there's nothing I can say to justify my actions. Negative- the accused denies authorship or having performed the act or omission imputed to him. Mitigating circumstances do not, in any way, dismiss the fact that the defendant violated the law, but they may lessen the penalties that the defendant receives for committing the crime. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Self-defense is a justifying circumstance which is governed by Article 11 of the Revised Penal Code of the Philippines: “The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided the following circumstances concur: Reasonable necessity of the means employed to prevent or repel it. circumstances. The course of action taken by A was not necessary. Examples are denial, alibi, mistaken identity. 1) The scope included self-defense not only of life, but also of rights like those of chastity, property and honor. Justification reports recommend changes in business policies or procedures. Privileged Mitigating Circumstances of Incomplete Justifying or Exempting Circumstances. Deontology says that whether an action is "good" or "bad" depends on some quality of the action itself. Two persons met in the street. In this case, the danger or risk of aggression has disappeared so the second requisite of self-defense is lacking. The offender must be performing a lawful act. b. 280), e. Exempt from theft, swindling or malicious mischief by relationships. WHAT ARE THE CAUSES IN WHICH THE THIRD REQUISITE OF SELF DEFENSE IS CONSIDERED PRESENT? They often present solutions that result in financial savings or gains. (Art. Any person who acts in obedience to an order issued by a superior for some lawful purpose. I has a case once where a search got started because 911 got a call from an address with nothing but dead air on the line. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. The justifying circumstances are: Is A correct? Example: a complete justifying circumstance, amnesty 2. (Feria and Gregorio, Revised Penal Code, Vol. (Q14, 1991 Bar), Any person who acts in obedience to an order issued by a superior for some lawful purpose. A, being abruptly awakened by shouts that B was pursuing A’s children, and seeing upon awakening that in fact B was infuriated and pursuing A’s husband with a bolo in his hand and his arm raised in an attitude as if to strike, took up a shotgun lying within her reach and fired at B, killing him at once. Discernment is the mental capacity to determine not merely the difference between right or wrong, but is also involves the capacity to comprehend the nature of the act and its consequences. 361. WHAT IS THE REASON FOR THE THIRD REQUISITE OF SELF-DEFENSE? But even if the order is illegal if it is patently legal and the subordinate is not aware of its illegality, the subordinate is not liable. WHAT IS THE RULE REGARDNG THE REASONABLENESS OF THE NECESSITY OF THE MEANS EMPLOYED WHEN THE ONE DEFENDING HIMSELF IS A PEACE OFFICER? It is a physical assault coupled with a willful disregard, nay, a defiance of an individual’s personality. (Art. A and B were walking down an alley. The existence of unlawful aggression can be determined by examining the place and occasion of the assault as well as other circumstances. (Art. A persons over nine (9) years of age but under fifteen (15), unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. So, one committing a crime while dreaming during his sleep (People v. Taneo, 58 Phil. A then took the gun she brought and fired at the paramour. ( Log Out /  (People v. Estevan, 196 SCRA 34) (Q8, 1992 Bar). can u plzz give me one. The rule “stand ground when in the right” applies when a person is unlawfully assaulted and if the aggressor is armed with a weapon. A mere threatening or intimidating attitude is not sufficient. In entrapment mens rea originates from the mind of the criminal. (US v. Domen, 37 Phils. But if the challenge to a fight was not accepted, the accused can invoke self-defense. They provide evidence justifying a course of action that solves a problem or improves performance, for example. 12, Par. Acts of such persons are justified, thus, no crime and no criminal. Browse over 1 million classes created by top students, professors, publishers, and experts. 189. What the law requires is rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed and the instinct, more than reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. When lawful aggression which has begun no longer exists, because the aggressor runs away, the one making a defense has no more right to kill or even to wound the former aggressor. (Art. A, who was looking for her husband, went to the paramour’s house. 366) If the aggression has ceased, the one defending himself has no right to inflict any further injury to his assailant. Juan cannot be charged of any offense punishable under the Dangerous Drugs Act. It cannot spring primarily from the offender himself. In the course of the fight, A got killed. Exempting circumstances are those wherein there is an absence in the agent of the crime of all the condition that would make an act voluntary and, hence, although there is no criminal liability, there is civil liability. Set against the facts, instigation is a valid defense available to Juan. Justifying. 451. B then drew out his gun and killed A, invoking self-defense. A.W.A.I.D.O. 11, Par. (People v. Hernandez, 55 OG 8465), In a case when in saving the life of the mother, the doctor sacrificed the life of the unborn child, is the attending physician criminally liable? In a plea of self-defense the circumstances of the case (nature of the wound, improbability of the deceased being the aggressor), must be considered. The defendant played a relatively minor role in the crime. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. The peace officer, in the performance of his duty, represents the law which he must uphold. Both allow the accused to escape criminal liability. — … 20), c. Death or physical injuries inflicted under exceptional circumstances.`(Art. The idea to commit the crime originated from the accused, thus the actor is criminally liable. A person under nine (9) years of age. Art.6 Consummated, Frustrated & Attempted Felonies, Art.8 Conspiracy & Proposal To Commit Felony, Art.9 Grave, Less Grave And Light Felonies. An example of instigation is given in Q9, 1995 Bar as follows: Suspecting that Juan was a drug pusher, SPO2 Mercado gave Juan a P 100-bill and asked him to buy some marijuana cigarettes. This is the core of the distinction between two main ethical positions: deontology and consequentialism. the PERSON or RIGHTS of his Spouse, Ascendants/Descendants, or Legitimate, Natural, or A.Brothers and Sisters. -- The following do not incur criminal liability: 1. (Art. Insulting words, addressed to the accused, no matter how objectionable they may have been without physical assault, could not constitute unlawful aggression. Conviction follows if the evidence for the accused fails to prove the existence of justifying circumstances. A, uttered insulting words against B who retaliated by hitting A on the head. 3), b. (People v. Navarro, 51 OG 409) If the minor is exempt from criminal liability, he shall be committed to the care of his or her father or mother or nearest relative or family friend in the discretion of the court and subject to its supervision. C drew out his knife, causing A to run, and stabbed B. Self-defense Anyone who acts in defense of his person or rights. As she was about to go up the latter’s stairs, she saw the paramour with a knife in her hand and in a threatening manner asked what had brought A there. the PERSON or RIGHTS of a stranger, provided that the first and second requisite mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive. It can not be charged with a piece of wood on the head for some lawful insuperable.. His deadly weapon the non-existence of a right or office for example: Wanda walks on! 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