![]() ![]() L-33466-67, April 20, 1983) Attack on property alone was deemed sufficient to comply with element of unlawful aggression.ģ. ![]() defense of property – must be coupled with an attack on the person of the owner, or on one entrusted with the care of such property. self-defense of chastity – there must be an attempt to rape the victimĢ. defense of property (only if there is also an actual and imminent danger on the person of the one defending)ġ. REASON: the person assaulted does not have sufficient opportunity or time to think and calculate.ģ. NOTE: Perfect equality between the weapons used, nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required Lack of sufficient provocation on the part of the person defending himself (3) physical condition, character, size and circumstances of person defending himselfģ. (2) physical condition, character, size and other circumstances of aggressor Reasonable necessity of the means employed to prevent or repel it ![]() While generally an agreement to fight does not constitute unlawful aggression, violation of the terms of the agreement to fight is considered an exception.Ģ. The defense must have been made during the existence of aggression, otherwise, it is no longer justifying. There must be actual physical assault or aggression or an immediate and imminent threat, which must be offensive and positively strong. 4 where the liability is borne by persons benefited by the act. General Rule: No criminal and civil liability incurred.Įxception: There is civil liability with respect to par. Justifying Circumstances – where the act of a person is in accordance with law such that said person is deemed not to have violated the law. ![]()
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