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Author Topic: Self Defense Laws in the RP  (Read 25509 times)

Offline Gray Wolf

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Self Defense Laws in the RP
« on: March 17, 2010, 03:42:00 AM »

http://www.abogadomo.com/law-professor/law-professor-archives/self-defense 

Self-Defense
(Philippine) criminal laws provide for instances where a person may defend himself and not be prosecuted for what would normally be a criminal action. Under Section 1, Article 11 of the Revised Penal Code of the Philippines, the following do not incur any criminal liability:

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.

The justifying circumstance of self-defense is an affirmative allegation that must be proven with certainty by sufficient, satisfactory and convincing evidence that excludes any vestige of criminal aggression on the part of the person invoking it. (People v. Nacuspag, 115 SCRA 172 [1982]) Where the accused has admitted that he is the author of the death of the deceased, it is incumbent upon the appellant, in order to avoid criminal liability, to prove this justifying circumstance (self-defense) claimed by him, to the satisfaction of the court. To do so, he must rely on the strength of his own evidence, and not on the weakness of the prosecution for even if it were weak, it could not be disbelieved after the accused admitted the killing.

It is basic that for self-defense to prosper, the following requisites must concur: (1) there must be unlawful aggression by the victim; (2) that the means employed to prevent or repel such aggression were reasonable; and (3) that there was lack of sufficient provocation on the part of the person defending himself. We shall now discuss the following requisites in detail:

A. Unlawful Aggression:

Unlawful aggression presupposes an actual or imminent danger on the life or limb of a person. Mere shouting, intimidating or threatening attitude of the victim, assuming that to be true, does not constitute unlawful aggression. Real aggression presupposes an act positively strong, showing the wrongful intent of the aggressor, which is not merely a threatening or intimidating attitude, but a material attack. Examples are the pointing of a gun or the brandishing of a knife or other deadly weapon.

B. Reasonable necessity of the means employed:

Whether the means employed is reasonable or not, will depend upon the kind of weapon of the aggressor, his physical condition, character, size, and other circumstances as well as those of the person attacked and the time and place of the attack. Although a knife is more dangerous than a club, its use is reasonable if there is no other available means of defense at the disposal of the accused.

C. Lack of sufficient provocation on the part of the person defending himself:

Sufficient means proportionate to the damage caused by the act, and adequate to stir one to its commission. Imputing to a person the utterance of vulgar language is sufficient provocation. This element refers to the person defending himself and is essentially inseparable and co-existent with the idea of self-defense.

__________________________________________________

http://www.lawphil.net/statutes/acts/act_3815_1930.html

CHAPTER TWO

Justifying Circumstances and Circumstances which Exempt from Criminal Liability

Article 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 of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case 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 that the first and second requisites mentioned in the first circumstance of this article are present and 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 an act which causes damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actual 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. ...

Article 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability...

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
« Last Edit: May 31, 2013, 10:01:29 PM by Gray Wolf »
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline southern92

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Re: Self Defense Laws in the RP
« Reply #1 on: March 17, 2010, 07:50:41 AM »
I\'m going to have to read that a couple 3 more times to see if I really get it, but it does seem to indicate that the use of potentially deadly force by anyone is not is not incur criminal liability if the conditions in Grey Wolf\'s post are met. It would not matter if it was a butcher knife or Asawa\'s gun. And in my opinion, using Asawa\'s gun would place me in much less danger because I could effectively use it at a greater range.
More reading to follow.
Jeff

Offline dylanaz

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Re: Self Defense Laws in the RP
« Reply #2 on: March 17, 2010, 11:55:44 AM »
Nice info - thanks!


BIG westerners beware !

Quote
Article 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability...

6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Locals can \'take you out\' legally :o
I have seen so much conflict while in the Philippines - amazingly 99% of it was merely online computer experiences :D

Offline coutts00

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Re: Self Defense Laws in the RP
« Reply #3 on: March 17, 2010, 12:44:31 PM »
We will need a legal determination on this, does self apply to others in the household, if others are threatened and not you, i.e. someone in the household upsets somone elese and they come for them and the bad guy says he is not here for you or your asawa but somone else? How would the law apply...?
Wayne ;D ;D

Offline Steve & Myrlita

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Re: Self Defense Laws in the RP
« Reply #4 on: March 17, 2010, 01:03:29 PM »
We will need a legal determination on this, does self apply to others in the household, if others are threatened and not you, i.e. someone in the household upsets someone else and they come for them and the bad guy says he is not here for you or your asawa but someone else? How would the law apply...?
Also we still need legal clarification as to whether or not the self defense law does indeed apply equally to everyone or just Filipino citizens only. We must not forget that we here in the RP are living in a very proud, nationalistic country which tends to strongly protect its own. Even if the law says we can, in reality, can we ever really win here? Remember, courts will never allow a Filipino citizen to ever lose face to a foreigner, even if he\'s wrong. Food for thought. God Bless....
Thank you...God Bless...
Bro Steve & Sis Myrlita
Bacolod City, PH
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Offline RUFUS

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Re: Self Defense Laws in the RP
« Reply #5 on: March 17, 2010, 11:41:38 PM »
Amen
SO SAYETH THE RUFUS

Offline trevor

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Re: Self Defense Laws in the RP
« Reply #6 on: February 16, 2011, 01:26:52 PM »
Thanks for the info.

Trevor
Never look down on anyone and always extend a helping hand. Tomorrow the role may be reverse.
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Offline Ricky A

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Re: Self Defense Laws in the RP
« Reply #7 on: September 27, 2011, 08:53:25 AM »
Quote
In this light it appears to be similar to self defense laws in the US as well as many civilized countries. The burden of proof falls on the person who takes this course of action. This is understood and accepted. The law does not give anyone the right to act without proof that the action taken is justified beyond any reasonable doubt. In other words, if you should severely injure or kill someone who threatened you or your family, you had better have sufficient proof beyond any doubt that the action was necessary in order to prevent injury or death.


wolf

not \"beyond any doubt\" but \"beyond a *reasonable* doubt\".....huge difference...

but it doesn\'t even work that way in Canada....what you describe is called a proof of burden shift and is unconstitutional in Canada. When the defence of self-defence is raised in canada all that the accused has to do to establish this defence is introduce evidence raising at least a reasonable doubt as to his guilt; the burden rests on the prosecution of disproving that defence..beyond a reasonable doubt. prior to 1983 (the yr our canadian charter of rights and freedoms got penned) it was the way you describe...with the onus being on the person to do all the proving should he claim he hurt or killed someone in self defence.....but with the advent of our new constitution a ton of laws and procedures got struck down....and thankfully, that one got re-worked

any country that places upon its citizens the duty to prove their own innocence in a criminal court of law instead of the state having to prove its case beyond a reasonable doubt against the citizen is not a truly evolved country as it pertains to basic human rights such as life, liberty and security of the person.

rick
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Offline Steve & Myrlita

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Re: Self Defense Laws in the RP
« Reply #8 on: September 27, 2011, 07:39:40 PM »
In this light it appears to be similar to self defense laws in the US as well as many civilized countries. The burden of proof falls on the person who takes this course of action. This is understood and accepted. The law does not give anyone the right to act without proof that the action taken is justified beyond any reasonable doubt. In other words, if you should severely injure or kill someone who threatened you or your family, you had better have sufficient proof beyond any doubt that the action was necessary in order to prevent injury or death.
Quote
wolf

not \"beyond any doubt\" but \"beyond a *reasonable* doubt\".....huge difference...

but it doesn\'t even work that way in Canada....what you describe is called a proof of burden shift and is unconstitutional in Canada. When the defence of self-defence is raised in canada all that the accused has to do to establish this defence is introduce evidence raising at least a reasonable doubt as to his guilt; the burden rests on the prosecution of disproving that defence..beyond a reasonable doubt. prior to 1983 (the yr our canadian charter of rights and freedoms got penned) it was the way you describe...with the onus being on the person to do all the proving should he claim he hurt or killed someone in self defence.....but with the advent of our new constitution a ton of laws and procedures got struck down....and thankfully, that one got re-worked

any country that places upon its citizens the duty to prove their own innocence in a criminal court of law instead of the state having to prove its case beyond a reasonable doubt against the citizen is not a truly evolved country as it pertains to basic human rights such as life, liberty and security of the person.

rick
That\'s one of the many reasons The Philippines is a 3rd world country. Here, you are guilty until otherwise proven innocent and even after that, you may still not be free. God Bless...
Thank you...God Bless...
Bro Steve & Sis Myrlita
Bacolod City, PH
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*** RIP MY FRIEND LEE ***
***       RIP DON H        ***
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Offline Ricky A

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Re: Self Defense Laws in the RP
« Reply #9 on: September 27, 2011, 11:12:02 PM »
Quote
That\'s one of the many reasons The Philippines is a 3rd world country. Here, you are guilty until otherwise proven innocent and even after that, you may still not be free. God Bless...

steve

the republic is not a third world country....hasnt been for quite some time. all my research shows that its a second world country....pass it on :)

rick
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Offline paulgee

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Re: Self Defense Laws in the RP
« Reply #10 on: October 03, 2011, 01:15:32 AM »
I think you will find that the Philippnes is classed as a 3rd world country.

But the point is that from all I have gleaned on forums us westeners will never get the benefit of doubt in any dispute, and will have to fight to get justice done as prescribed in law.

I would recommed that if you confront a burglar in your home, and you have a gun, shoot yourself. That way you will avoid getting arrested, or charged in connection with any possible criminal offence, and the burglars friends and relatives will have no vendetta to pursue against. Just a thought ..... ???

Paul
Based in the UK, and part time in our San Fernando, Pampanga house

Offline Ricky A

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Re: Self Defense Laws in the RP
« Reply #11 on: October 03, 2011, 01:43:12 AM »
I think you will find that the Philippnes is classed as a 3rd world country.

But the point is that from all I have gleaned on forums us westeners will never get the benefit of doubt in any dispute, and will have to fight to get justice done as prescribed in law.

I would recommed that if you confront a burglar in your home, and you have a gun, shoot yourself. That way you will avoid getting arrested, or charged in connection with any possible criminal offence, and the burglars friends and relatives will have no vendetta to pursue against. Just a thought ..... ???

Paul

As of 2011 the Philippines is now defined as a \"Newly Industrialized Country\" as opposed to its previous status as a \"developing country\"....aka: \"third world country\". At the very least the Republic is hovering between 3rd and 2nd world and at the most..2nd world...to use on old definition. So no, I have not \"found\" that the Republic is still considered to be third world.

THanks for the recommendation about shooting myself, but I will take a pass. I will certainly be getting a gun and plan on using it at my leisure.

Ricky

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Offline suzukig1

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Re: Self Defense Laws in the RP
« Reply #12 on: October 03, 2011, 09:04:34 AM »
...At the very least the Republic is hovering between 3rd and 2nd world and at the most..2nd world...to use on old definition...

Ricky



Those old definitions applied to developed capitalist countries (1st world aligned with the U.S.) and communist countries (\"2nd world\" aligned with the Soviet Union). Third World applied to the rest of the countries that didn\'t fit in the above 2 categories.

Offline Ricky A

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Re: Self Defense Laws in the RP
« Reply #13 on: October 03, 2011, 09:53:20 AM »
...At the very least the Republic is hovering between 3rd and 2nd world and at the most..2nd world...to use on old definition...

Ricky



Those old definitions applied to developed capitalist countries (1st world aligned with the U.S.) and communist countries (\"2nd world\" aligned with the Soviet Union). Third World applied to the rest of the countries that didn\'t fit in the above 2 categories.

suzuki

i would only add that the definition as stated, is a Western theory of the three Worlds. As you are no doubt aware Chinese Communist leader Mao Zedong had the US and the Soviet Union in the First World together.

rick
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Offline coleman2347

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Re: Self Defense Laws in the RP
« Reply #14 on: May 31, 2013, 04:36:09 PM »
Yes, we can get justice here, the problem is that most of us, besides our Asawa, and her relatives only hang out with each other.  I can only speak from whats happened to me personally since I have been here.(2 years)  I have gone out of my way to make friends with people in all walks of life and it has paid off many times.  You have the same rights as anybody else, the trouble is (and this is just like the US) you sometimes need an advocate. 
As I see it, we foreigners tend to stick together, tend to look down on the locals , tend to be arrogant when dealing with people and tend to think because we come from a developed nation, we always know better.
Its what is perceived, not what is real. 
If someone climbed over my fence, got past my dogs, broke the locks to get into the house, I will shoot them.  My next call will be the the chief of police with whom I occasionally have a beer with, occasionally shoot with and occasionally ride motorcycles with.  I will not just call the police and have some PO1/2 come out to the house. 
In any case, it pays to make friends with the people here......Someday we all will need friends...if your going to live here, you should have friends here......Just like in your own country...
The only thing worse than wanting to do it is not doing it