What are the requisites under paragraph 4 of Art 11 in relation to avoidance of greater evil or injury? [Solved] (2022)

What are the elements of avoidance of greater evil or injury?

Any person who, in order to avoid an evil or injury does an act which causes damage to another, provided that the following requisites are present: That the evil sought to be avoided actually exists; That the injury feared be GREATER than that done to avoid it.... read more ›

What is Article 11 of the Revised Penal Code?

11. That the crime be committed in consideration of a price, reward, or promise. 12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.... read more ›

What are the requisites of reasonable necessity of the means employed to prevent or repel it?

In order to invoke self-defense, certain conditions must be met such as unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending himself. Anent the 1st element, the aggression must be unlawful.... see more ›

What are the justifying circumstances under Article 11 of the RPC?

Art. 11: Justifying Circumstances – those wherein the acts of the actor are in accordance with law, hence, he is justified. There is no criminal and civil liability because there is no crime. Reason for lawfulness of self-defense: because it would be impossible for the State to protect all its citizens.... read more ›

What are the requisites to be considered as defense of strangers?

Defense of stranger requires clear and convincing evidence to prove the following, to wit: (1) unlawful aggression by the victim; (2) reasonable necessity of the means to prevent or repel it; and (3) the person defending be not induced by revenge, resentment or other evil motive.... continue reading ›

What are the requisites to be considered as defense of relatives?

its elements exist, to wit: (a) unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel the attack; and (c) the person defending be not induced by revenge, resentment, or other evil motive.... see more ›

What are the requisites of frustrated felony?

Article 3 of the Penal Code defines a frustrated felony as follows: A felony is frustrated when the offender performs all the acts of execution which should produce the felony as a consequence, but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.... continue reading ›

What requisites must concur before a felony may be committed?

What requisites must concur before a felony may be committed? There must be (1) an act or omission; (2) punishable by the Revised Penal Code; and (3) the act is performed or the omission incurred by means of dolo or culpa.... read more ›

What is the first and indispensable requisite of self-defense?

Ruling of the Court

The indispensable requisite for either of these justifying circumstances is that the victim must have mounted an unlawful aggression against the accused or the stranger. Without such unlawful aggression, the accused is not entitled to the justifying circumstance.... read more ›

What are the requisites of state of necessity?

The Criminal Defense of Necessity

The defendant must reasonably have believed that there was an actual and specific threat that required immediate action. The defendant must have had no realistic alternative to completing the criminal act. The harm caused by the criminal act must not be greater than the harm avoided.... continue reading ›

What are the requisites of exempting circumstances?

Exempting Circumstances- These are defenses where the accused committed a crime but is not criminally liable. There is a crime, and there is civil liability but no criminal. 1. The basis is the lack of any of the elements which makes the act/omission voluntary, i.e. freedom, intelligence, intent or due care.... see details ›

What is the justifying circumstance of Fulfilment of duty and exercise of right?

Oanis, the Court set forth two requisites in order that fulfillment of duty and exercise of a right may be considered as justifying circumstance, namely: (a) that the offender acts in the performance of a duty or in the lawful exercise of a right; and (b) that the injury or offense committed be the necessary ...... read more ›

What is justifying circumstances in criminal law?

In essence, in a justifying circumstance there is a crime but there is no criminal. The justifying circumstances are self-defense, defense of relatives, defense of stranger, state of necessity, fulfillment of duty or exercise of a right and obedience to superior order.... view details ›

What are the example of justifying circumstances?

An example of this is when a father returns from work to find his daughter being raped. The father kills the rapist by slamming a solid wooden chair on his head while the rapist is still doing his thing. Once again, reasonable necessity of means and actual or imminent aggression come into play.... view details ›

Can a person defend a stranger whose life is in danger and considered such an act as self-defense?

c)People can use deadly force in defense of a stranger ONLY IF they REASONABLY BELIEVE that it is ABSOLUTELY necessary under the circumstances. In some situations, force may be allowed without using deadly force.... see details ›

What is the importance of self-defense?

Self-defense trains you to defend yourself physically and mentally. In the event of a stressful situation, your mind reacts to the way it feels is normal. Self-defense training teaches you the “normal” reaction is to defend yourself rather than cower or run away.... continue reading ›

What are the requisites of the mitigating circumstance of passion or obfuscation under the paragraph 6 Article 13 of the RPC?

> The infliction of injury must be immediate from the act that caused passion or obfuscation. ELEMENTS: (1) The accused acted upon an impulse. (2) The impulse must be so powerful that it naturally produced passion or obfuscation.... see details ›

What are the requisites for surrender and confession of guilt to be a mitigating circumstances?

That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.... see more ›

What are the stages of execution of a felony under Article 6 of the Revised Penal Code?

6, RPC- Stages of Execution- Consummated, Frustrated and Attempted Felony.... read more ›

What is the difference between attempted and frustrated?

[1] In frustrated felony, the offender has performed all the acts of execution which should produce the felony as a consequence; whereas in attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution.... see details ›

What is the essential element that distinguishes attempted from frustrated felony?

The essential element which distinguishes attempted form frustrated felony is that, in the latter, there is no intervention of a foreign or extraneous cause or agency between the beginning of the commission of the crime and the moment when all of the acts have been performed which should result int he consummated crime ...... read more ›

How many articles are in the Revised Penal Code?

The Revised Penal Code consists of two Books, 20 Titles, Chapters and 367 Sections.... continue reading ›

What does aggravating circumstances mean?

Aggravating circumstances refers to the factors that increase the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.... continue reading ›

What are some examples of mitigating circumstances?

What is a qualifying circumstance?

A qualifying circumstance is deemed an element of a crime when it is specifically stated by law as included in the definition of a crime, like treachery in the crime of murder.... view details ›