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JUSTIFYING CIRRCUMSTANCES

Imputability an act may be ascribed to a person o as its author act was freely and consciously done so it is put down to the doer as his own act Responsibility obligation of taking the penal and civil consequences of the crime Guilt element of responsibility Justifying Circumstances act of person is said to be lawful so there is no crime, no criminal person and so no civil and criminal liability Exception: No civil liability except where civil liability is borne by the person benefited by the act Examples of Justifying Circumstances 1. Any person who acts in self-defences, provided that the ff. Circumstances concur: a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repeal it. c. Lack of provocation on the part of the person defending himself 2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or his relatives by affinity in the same degree and consanguinity w/in 4th civil degree provided that there is: a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repeal it. c. In case the provocation was given by the person attacked, the one making the defense had no part therein 3. Anyone who acts in the defense of the person or rights of a stranger provided that there is: a. Unlawful aggression b. Reasonable necessity of the means employed to prevent or repeal it. c. Person defending be not induce by revenge, resentment or other motive 4. A person who in order to avoid an evil or injury, does an act that causes damage to another provided that the ff. Are present: a. Evil sought to be avoided actually exists b. Injury feared is greater than what is done c. Theres no other practical and less harmful ways to prevent it 5. A person who acts to fulfil a duty or lawful exercise of a right or office 6. A person who acts in obedience of an order issued by a superior for a lawful purpose Burden of proof

Rests upon the accused Rights included in self- defense: 1. Life 2. Property 3. Honor Reasons why self-defense is lawful 1. For self-preservation of each person 2. Since it is impossible for the State to avoid unjust aggression always, then it gives to a person who is unlawfully attacked to protect himself from the impending peril in his life. 3. Self-defense is an act of social justice done to repel the attack of an aggression.