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. Also a person cannot just give up his rights without any resistance being offered.
- Rights included in self-defense:
1. Defense of person
2. Defense of rights protected by law
- Defense of property:
a. The owner or lawful possessor of a thing has a right to exclude any person from the enjoyment or disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429, New Civil Code)
b. defense of chastity
- 1. Unlawful Aggression
View original post 14,237 more words