JUSTIFYING CIRCUMSTANCES

Art. 11. Justifying circumstances.

The following do not incur any criminal liability: 

 

 

1. 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 it.

 

Third. Lack of sufficient provocation on the part of the person defending himself.

 

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that

 

First. Unlawful aggression.

 

Second. Reasonable necessity of the means employed to prevent or repel it

 

Third the provocation was given by the person attacked, that the one making defense had no part therein.

 

3. Anyone who acts in defense of the person or rights of a stranger, provided

First. Unlawful aggression.

 

Second. Reasonable necessity of the means employed to prevent or repel it

 

Third that the person defending be not induced by revenge, resentment, or other evil motive.

 

 

4. 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 exists;

Second. That the injury feared be greater than that done to avoid it;

 

Third. That there be no other practical and less harmful means of preventing it.

 

 

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

 

  1. Accused acted in the performance of a duty

 

  1. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office

 

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.

 

  1. That an order has been issued by a superior

 

  1. That such order must be for some lawful purpose

 

  1. That the means used by the subordinate to carry out the said order is lawful