What are the requisites under paragraph 4 of Art 11 in relation to avoidance of greater evil or injury? (2023)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 ...

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.

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.

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.

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.

> 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.

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.

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

[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.

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 ...

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

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.

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.