Thursday, February 7, 2013

Circumstances

DISTINCTION bet. JUSTIFYING-EXEMPTING

J: affects the act, non the actor E: affects the actor, not the act

J: act is within the bounds of the law, hence, it is legitimate and licit in the eyes of the law E: act is real wrongful BUT the actor acted without voluntariness. He is a guileless tool/instrument.

J: No crime No lamentable E: there is crime No criminal

J: No criminal or civil liability E: No criminal liability only civil liability (Art.12 (4) (7) neither criminal or civil)

J: Intentional Felonies Only E: Can be Intentional or Culpable Felonies

J: If the principal invoke this circumstance the accomplice and accessory allow be benefited E: the person who invoke will be benefited

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ARTICLE 11. JUSTIFYING

I. Self- Defense (Personal)

Rights: A.

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Defense of Person B. Defense of rights saved by law (property) C. Defense of Chastity

ELEMENTS: A. Unlawful Aggression mustinessiness not be a lawful one; must exist at the time the defense is made.

B. Reasonable requirement of the means employed to prevent or repel it

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