Рет қаралды 5,606
JUSTIFYING CIRCUMSTANCES CRIMINAL LAW Dean Joe-Santos Balagtas Bisquera BAR Review SELF Defense Defense of a RELATIVE Defense of a STRANGER Criminal Act to Avoid a Greater Evil Criminal Act to fulfill a Lawful Duty Criminal Act to Obey a LAWFUL ORDER UNLAWFUL AGGRESSION Reasonable necessaity of the Means Employed by the Defender to prevent or repeal the Unlawful Aggression, Lack of Sufficient Provocation on the part of the Person Defending himself against the Unlawful Aggression there must be Physical or Material Attack ACTUAL or IMMINENT and UNLAWFUL ACTUAL or MATERIAL UNLAWFUL Aggression versus IMMINENT Unlawful Aggression SELF-DEFENSE vs Unlawful Aggression Reasonable Means RATIONAL EQUIVALENCE - the Emergency, the Imminent Danger, the INSTINCT for the Defense & the proportionateness dependent on the imminent danger Self-Defender NO TIME nor MIND to think, calculate and choose the weapon(s) to be used. INSTINCT for self-preservation Number of Wounds may indicate reasonableness of the need(s) employed Self-Defender no more right to kill when the Unlawful Aggression no longer exists
Any person who acts in obedience to an order issued by a superior for some lawful purpose. Obedience to an order of a superior gives rise to exemption from criminal liability only when the order is for some lawful purpose. The order was illegal, and appellant was not bound to obey it. Moreover, it does not appear that in taking part in the maltreatment of the deceased, appellant was prompted solely by his sense of duty toward his superior. What appears is that he and his companions had a common grievance against the deceased, because the latter had misappropriated a quantity of fish intended for their consumption. It was, therefore, but natural that they should all want to teach the deceased a lesson by making him suffer for the fault he had committed.