|
HOME
CLUB HISTORY
CLASS
SCHEDULE
AFFILIATION
EVENTS
PRACTICAL SELF DEFENSE
DOJANG DIRECTORY
BIBLE CORRESPONDENCE INSTITUTE
LINKS
|
What is Self-defense
Self-defense means to stop aggression with reasonable force. In other words, stopping
aggression or stopping a person with the intent to kill you is the main purpose of self-defense. If the
aggressor already shown submission , ran away, has been knocked out or pin down, the reason to counter attack is already gone in the concept of Self-defense.
Continues counter attack even after submission of an aggressor means one is executing an excessive force and therefore is not already self-defense. Self-defense is only applied when the danger begins, ends when the danger ends and revives when the danger resumes.
SELF-DEFENSE AND THE LAW
(Based on the Revised Penal Code of the Philippines)
ARTICLE II, REVISED PENAL CODE (JUSTIFYING CIRCUMSTANCES)
JUSTIFYING CIRCUMSTANCES
Definitions: Those acts of a person is said to be in accordance with law, and is deemed no to have transgressed the law and is free from both criminal and civil liability.
Reason why Penal Law makes self-defense lawful:
It would be impossible for the state to prevent aggression upon its citizens and offer protection to person unjustly attacked. On the otherhand, a person cannot just succumb to an unlawful aggression without offering any resistance.
The following do not incur criminal liability;
SELF-DEFENSE
Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
First - Unlawful aggression;
Second - Reasonable necessity of the means employed to prevent or repel the attack;
Third - Lack of sufficient provocation on the part of the person defending
himself.
Rights included in Self-defense
1. Rights to property
2. Rights to Honor
Exception:
A paramour surprised in the act of adultery cannot invoke self-defense if he killed the offended husband who was assaulting him (US vs Merced, 39 Ohil, 198).
*A slap on the face is an unlawful aggression.
Reason: The face represents a person and his dignity. Slapping it is a serious
personal attack, placing in real danger a person’s dignity, rights , and safety.
*Retaliation is not self-defense.
*When the aggressor flees, unlawful aggression no longer exists (People vs Alconga, 78 Phil. 366).
*Retreat to take a more advantage position-unlawful aggression is considered to be continuing.
*No unlawful aggression when there is agreement to a fight (US vs Navarro, 7 Phil. 713),(People vs Marasigan, 51 Phil. 701), (People vs Gondayao, 30 SCRA 226).
*Aggression which is ahead of the stipulated time and place is unlawful (Severino Justo vs CA 53 O.G. 4083)
*One who voluntarily joined a fight cannot claim self-defense(People vs Kruse, 64 O.G. 12632)
Defense of other rights against unlawful aggression
1. Defense of right to chastity- attempt to rape a woman ( People vs Dela Cruz, 61 Phil.
344).
2. Placing the hand of a man on the woman’s upper thigh is unlawful aggression.
3. Defense of Property.
It can be invoked only as a justifying circumstances when it is coupled with an attack on the person entrusted with said property (People vs Apolinar, CA 38 O.C. 2820)
4. defense of home (People vs Mirabiles, 45 O.G. 277).
DEFENSE OF RELATIVES
Basis of Justification: This is not only found upon humanitarian sentiment but upon the impulse of blood which impels men to rush on the occasion of great pirels, to the rescue of those close to them by ties of blood.
First - Unlawful aggression;
Second - Reasonable necessity of the means employed to prevent or repel attack;
Third - In case the provocation was given by the person attacked, the one
making the defense had no part therein.
Relatives that can be defended:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters or relatives by affinity in the same degrees.
5. Relatives by consanguinity within the fourth civil degree.
? Brothers and sisters - within second civil degree
? Uncle and niece or aunt and nephew - within third civil degree
? First cousins. - within fourth civil degree.
CITATION
1. People vs. Ammalun, CA 51 O.G. 6250 (Attemted rape of a wife).
DEFENSE OF A STRANGER
Anyone who acts in defense of the person or rights of a stranger, provided the following circumstances concur;
First - Unlawful aggression;
Second - Reasonable necessity of the means employed to prevent or repel the attack
Third - The person defending do not induced by revenge, resentment, or other evil motive.
Basis of Justification: What one may do in his defense, another may do for him.Persons acting in defense of others are in the same condition and upon the same plane as those who act in defense of themselves. The ordinary man would not stand only by and see his companion killed without attempting to save his life.
CITATIONS
1. People vs Ancheta, 66Phil. 638.
2. People vs Valdez, 58 Phil. 31.
3. U.S. vs. Subingsubing, Phil. 376.
AVOIDANCE OF GREATER EVIL OR INJURY
Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present:
First - That the evil sought to be avoided actually exist;
Second - That the injury feared be greater than that done to avoid it;
Third - That there be no other pratical and less harmful means of preventing it.
DAMAGE TO ANOTHER
This term covers injury to persons and damage to property.
CITATION
1. Tan vs Standard Vacuum Oil.,91 Phil. 672
ARREST WITHOUT WARRANT WHEN LAWFUL (CITIZEN’S ARREST)
Section 5, Rule 13 of the Revised Rules of Court
A peace officer or a private person may, without a warrant, arrest a person:
1. When in his presence, the person to be arrested has committed, is actually committing,
or attempting to commit an offense.
2. When an offense has in fact been committed, and he has personal knowledge of the
facts indicating that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or a place where he is serving final judgement or temporarily confined
while his case is pending or has escaped while being transferred from one confinement
to another.
III. SCHEMATIC VIEW OF THE LEGAL CONSEQUENCES OF AN OFFENSE
OFFENSE
CRIMINAL CIVIL LABOR
Qualifiefd Thet
Reclusion Temporal
-maximum of 20 years imprisonment Indemnification Civil Interdiction Payment of Cost Termination
SECTION 24- RIGHTS OF A PERSON UNDER CRIMINAL INVESTIGATION
1. To be informed of his right to remain silent;
2. To have counsel preferbly of his own choice or to be provided with one;
3. Against the use of torture, force, violence, threat, intimidation, or any other means which vitiates the freewill.
4. Against being held in secret, solitary, incommunicado, or with similar forms of detention.
CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES
1. The right to adequate legal assistance;
2. The right, when under investigation for the commission of an offense, to be informed of his right to remain selint and to have a counsel;
3. The right against the use of torture, force,violence,threat, intimidation, or any other means which vitiates the freewill.
4. The right against being held in secret, incommunicado, or similar forms of solitary detention,
5. The right to bail and against excessive bail;
6. The right to due process of law;
7. The right to the presumption of innocence;
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and cause of accusation against him;
10. The right to have a speedy impartial and public trial;
11. The right to meet the witnesses face-to-face
12. The right against self-incrimination;
13. The right against detention by reason of political beliefs and aspirations;
14. The right against excessive fines;
15. The right against cruel, degrading, or inhuman punishment;
16. The right against infliction of the death penalty, except for heinous crimes; and
17. The right against double jeopardy.
Back
to Practical Self-defense page
|
