A, with a knife in his hand, challenged B to a fight. b. Unlawful aggression. WHAT ARE THE RIGHTS INCLUDED IN SELF-DEFENSE? One night, Jack came home drunk. ( Log Out /  (People v. Binondo, 97227, Oct. 20, 1992) The mere cocking of an M-14 rifle by the victim, without aiming the firearm at any particular person is not sufficient to conclude that the life of the person (Vice-Governor) whom the accused was allegedly protecting, was under actual threat or attack from the victim. 280), e. Exempt from theft, swindling or malicious mischief by relationships. Change ), Crimes against the Civil Status of Persons/Honor. In order to justify homicide on the ground of self-defense, it is essential that the killing of the deceased by the defendant be simultaneous with the attack made by the deceased, or at least both acts succeeded each other without appreciable interval of time. An accidental shooting due to legitimate self-defense is exempting. When A recovered, he took a knife and looked for B and stabbed him. Brainscape is a web and mobile study platform that helps you learn things faster. 17, Par. B, in the spirit of fun, seized A by the throat. … When the imbecile or an insane person has committed an act which the law defines as a felony, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. (People v. Hernandez, 55 OG 8465), In a case when in saving the life of the mother, the doctor sacrificed the life of the unborn child, is the attending physician criminally liable? Euthanasia is not a justifying circumstance in our jurisdiction. But even if the order is illegal if it is patently legal and the subordinate is not aware of its illegality, the subordinate is not liable. It has also been applied to the crime of libel. Anyone who acts in defense of his person or rights, provided that the following circumstances concur; First. — The following do not incur any criminal liability: 1. (Art. 20), c. Death or physical injuries inflicted under exceptional circumstances.`(Art. 244). As to Effect: 1. ( Log Out /  Examples are denial, alibi, mistaken identity. When the person defending himself from the attack by another gave sufficient provocation to the latter, the former is also to be blamed for having given cause for the aggression. A then took the gun she brought and fired at the paramour. (Art. A threat of future injury is not enough. 11, Par. The law recognizes that there is the non-existence of a crime. (Art. Any person who acts in obedience to an order issued by a superior for some lawful purpose. 366) If the aggression has ceased, the one defending himself has no right to inflict any further injury to his assailant. 57) Whether the means employed is reasonable or not it 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. c. Lack of sufficient provocation on the part of the person defending himself. In exempting, the crime is committed but there is absent in the person of the offender any element of voluntariness, and so he is not criminally liable but is civilly liable except in the exempting circumstances of accident and lawful or insuperable cause. 2010 Bar Exam Question and Suggested Answer on Justifying Circumstances, Battered Woman Syndrome (Criminal Law) QUESTION: No. The defendant played a relatively minor role in the crime. Self-defense is a justifying circumstance which is governed by Article 11 of the Revised Penal Code of the Philippines: “The following do not incur any criminal liability: 1) Anyone who acts in defense of his person or rights, provided the following circumstances concur: (Art. RICKY RUSSELL PAUL OBIENDA VALBAREZ SUBTOPICS DEFINITION OF TERMS THEORIES OF JUSTIFICATION JUSTIFYING CIRCUMSTANCE: DEADLY vs EQUAL FORCE THE PHILIPPINE CRIMINAL LAW: CIRCUMSTANCES THAT AFFECT CRIMINAL LIABILITY SELF DEFENSE DEFINITION OF TERMS. Justifying circumstances are those wherein the acts of the actor are in accordance with law and, hence, he incurs no criminal and civil liability. Justifying Circumstances: Defense of Honor When A arrived home, he found B raping his daughter. (Art. 189, PD 603, as amended), Minority is always a privileged mitigating circumstance under the RPC and lowers the prescribe penalty by one or two degrees in accordance with Article 68 of the Code. (Art. No, because his acts are justified under this Article (State of necessity). (Nassif v. People, 78 Phil. (Art. -- The following do not incur criminal liability: 1. (People v. Simon, 93128, July 29, 1994), Any person who, while performing a lawful act with due care, causes injury by mere accident without fault or intention of causing it. Is Juan guilty of any offense? 429, Civil Code), With respect to the wounding of the stranger during the commission of crime of death under exceptional circumstances (Art. Since the face represents a person and his dignity, slapping it is a serious personal attack. A took his gun and shot B, killing him. Academia.edu is a platform for academics to share research papers. When there is a defense of property, it must be coupled with an attack on the person entrusted with the said property. In this case, there was no peril to one’s lie which was actual or imminent. With or without the entrapment, the crime has been committed already. The necessity of the course of action taken depends on the existence of unlawful aggression, without which there would be no necessity for any course of action to take as there is nothing to prevent or to repel. When the aggression is so sudden that there is no time left to the one making a defense to determine as to what course of action to take, the second requisite of self-defense is satisfied. The actor acts not against his will but because he is engendered by the fear. There is no unlawful aggression. In entrapment mens rea originates from the mind of the criminal. Art.10 Offenses Not Subjected To The Provisions Of This Code. 1 which recognizes the right of an individual to defend his rights, one of which is to own and enjoy his property. The compulsion must be one of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. (People v. Trinidad, 49 OG 4889) In performing a lawful act with due care by snatching away the “balisong” in defense of stranger, the “balisong” flew with force that it hit another person who was seriously injured, Tommy is exempted from criminal liability because of mere accident. In the course of the fight, A got killed. Discernment is the mental capacity to determine not merely the difference between right or wrong, but is also involves the capacity to comprehend the nature of the act and its consequences. Crime – an offense punishable by law; illegal acts. An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. (People v. Malunay, 66 OG 2095) Specific circumstances: 1. It was a case of adultery in flagrante delicto asked with twists in our Criminal Law subject.. First instance: The topic was about mitigating circumstances.I was called for recitation. B, after treating his wounds, pursued A and shot him. 11, Par. That didn't justify what I did. © 2020 Bold Learning Solutions. (People v. Del Pilar, 188 SCRA 37) Where a person had a ready supply of dangerous drugs for sale to anyone willing to pay the price asked for, although he might not have the drug with him at the time of the initial transaction, the situation supports an entrapment, not an instigation. (Art. Although Juan is a suspected drug pusher, he cannot be charged on the basis of a mere suspicion. WHAT ARE THE CAUSES IN WHICH THE THIRD REQUISITE OF SELF DEFENSE IS CONSIDERED PRESENT? Upon seeing A, B ran away. The honest belief of the accused may be considered in determining the existence of unlawful aggression, provided he really believed it was a real gun. (People v. Padua, 40 OG 998) The instinct of self-preservation more often than not is the moving power in man’s action in defending himself. The age of the minor is computed up to the time of the commission of the crime charged, not up to the date of trial. The justifying circumstances by subject are as follows: Anyone who acts in defense of his person or rights. A.W.A.I.D.O. (Art. Justification reports recommend changes in business policies or procedures. Justifying. (People v. Aldemeta, 55033, Nov. 13, 1986) The evidence regarding insanity must refer to the very moment of its execution and must be proven by clear and positive evidence. Hence, it is exempting by reason of public policy. (Art. 4). B then drew out his gun and killed A, invoking self-defense. ( Log Out /  physical condition, character, size, and other circumstances and those of the person defending himself (3)place and occasion of the assault. 3), A person who struggled with the husband who was attacking his wife with a bolo for the possession of the bolo and in the course of the struggle, wounded the husband, was held to have acted in defense of a stranger. An accident is any happening beyond the control of a person the consequences of which are not foreseeable. Is a slap on the face considered unlawful aggression? A, who was looking for her husband, went to the paramour’s house. There is no unlawful aggression when there is an agreement to fight. The professor was discussing certain instances where incomplete (self) defense will not justify or exempt a person from criminal liability. The existence of unlawful aggression can be determined by examining the place and occasion of the assault as well as other circumstances. 339), Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. In order to consider that unlawful aggression was actually committed, it is necessary that an attack or material aggression, an offensive act positively determining the intent of the aggressor to cause an injury shall have been made. (People v. Bentres, 49 OG 4919) Also, under the doctrine of self-help, the law justifies the act of the owner as lawful possessor of a thing in using such force as is reasonably necessary for the protection of his proprietary or possessory right. (People v. Fernando, 33 SCRA 149) Thus, if a person was struck with the butts of the guns of those who killed another to compel him to bury their victim, he is not liable as an accessory because he acted under the compulsion of an irresistible force. 2 people chose this as the best definition of justify: To format (a paragraph, f... See the dictionary meaning, pronunciation, and sentence examples. Negative- the accused denies authorship or having performed the act or omission imputed to him. Both allow the accused to escape criminal liability. (Art. High quality example sentences with “if circumstances justify” in context from reliable sources - Ludwig is the linguistic search engine that helps you to write better in English It turned out that gun was only a toy. the PERSON or RIGHTS of his Spouse, Ascendants/Descendants, or Legitimate, Natural, or A.Brothers and Sisters. The idea to commit the crime originated from the accused, thus the actor is criminally liable. Total or Perfect- those the effect of which will totally exonerate the accused. Accessories exempt from criminal liability. The person instigating must not be a private person as he will be liable as a principal by inducement. 15. An insane is one who suffers from a mental disorder in such degree as to deprive him of reason. example of Justifying Circumstances Based on Nursing? Finding no food on the table, Jack started hitting Jill only to apologize the following day. As A had on hand a loaded shotgun, this weapon was the most appropriate one that could be used for the purpose, even at the risk of killing the aggressor, since the latter’s aggression also gravely threatened the lives of the parties assaulted. An imminent danger of aggression, and not merely imaginary, is sufficient. Reasonable necessity of the means employed to prevent or repel it. So, one committing a crime while dreaming during his sleep (People v. Taneo, 58 Phil. 6. A.W.A.I.D.O. Knowing there were many people, A fired at random hoping that he would hit B. A then took hold of his gun and killed B. JUSTIFYING CIRCUMSTANCES. They often present solutions that result in financial savings or gains. 266. A and B were walking down an alley. 3), b. The idea and resolve to commit the crime comes from him. Two policeman, A and B, were kidding each other. Charged with Homicide, A claimed he acted in defense of his daughter's honor. Justifying circumstances. A suddenly attacked C to the surprise of B. a. One slapped the face of the other and the latter repelled it by clubbing him and inflicting less serious physical injuries. It is a physical assault coupled with a willful disregard, nay, a defiance of an individual’s personality. 332), f. Marriage of the offended party in seduction, abduction, acts of lasciviousness and rape. (Araneta v. CA, 46638, July 9, 1986), A “buy-bust” operation is a form of entrapment employed by peace officer to trap and catch a malefactor in flagrante delicto, commonly involving dangerous drugs. The rule “stand ground when in the right” applies when a person is unlawfully assaulted and if the aggressor is armed with a weapon. (Feria and Gregorio, Revised Penal Code, Vol. 19 examples: Roman and canonical law had long considered the mental state of offenders as a… The difference between entrapment and instigation lies in the origin of the criminal intent. The duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well grounded apprehension of death or serious bodily harm if the act is not done. The offender must be performing a lawful act. If the accused were merely instigated to look for the drug, it would have taken him a considerable length of time to look for a source. After 15 minutes, Juan returned with ten sticks of marijuana cigarettes which gave to SPO2 Mercado who thereupon placed Juan under arrest and charged him with violation of the Dangerous Drugs Law by selling marijuana. A, a 24-year old male armed with a gun and a bolo, claims that B, who is 60 years old, suddenly attacked him. Once the aspersion is cast, its sting clings and the one thus defamed may avail himself of all necessary means to shake it off. It may, therefore, be frequently regarded as placing in real danger a person’s dignity, rights and safety. (Almeda v. CA, March 13, 1997). Even if the offender is not an imbecile nor insane, if he is completely deprived of the consciousness of his acts when he commits the crime, he is entitled to exemption for a cause analogous to imbecility or insanity. Ct. of Spain, March 8, 1887), There is no unlawful aggression exists in a case of an agreed fight. 12, Par. (People v. Estevan, 196 SCRA 34) (Q8, 1992 Bar). ( Log Out /  WHO HAS THE BURDEN OF PROVING THE EXISTENCE OF JUSTIFYING CIRCUMSTANCES? An accused was acquitted of the crime of slander by deed, when she eloped with another man after all wedding preparations with the offended party were made, since there was a necessity on the part of the accused to avoid a loveless marriage with the offended party. (People v. Chua Hong, 51 OG 1932), Any one who acts in defense of the person or rights of his spouses, ascendants, descendants, or legitimate or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, and in case the provocation was given by the person attacked, that the one making the defense had no part therein. Set against the facts, instigation is a valid defense available to Juan. Reasonable necessity of the means employed to prevent or repel it. HOW DO YOU TEST THE REASONABLENESS USED BY THE PERSON IN MAKING THE DEFENSE? The circumstance affects the act, not the actor; b. (People v. Narvaez, 121 SCRA 389) Even assuming that the victim was scaling the wall of the factory compound to commit the crime inside the same, shooting him is never justifiable, even admitting that such act is considered unlawful aggression on the property rights. (Art. A mere threatening or intimidating attitude is not sufficient. It cannot spring primarily from the offender himself. Law – … (Art. A was attacked by B, who quickly ran after the attack. Change ), You are commenting using your Twitter account. Reasonable necessity of the means employed to prevent or repel it. 280), Anyone who acts in defense of the person or rights of a stranger and that the person defending be not induced by revenge, resentment, or other evil motive. 1), The test of imbecility or insanity is complete deprivation of intelligence in the commission of the act, that is, that the accused acted without the least discernment. Art.6 Consummated, Frustrated & Attempted Felonies, Art.8 Conspiracy & Proposal To Commit Felony, Art.9 Grave, Less Grave And Light Felonies. 11. Self-defense Anyone who acts in defense of his person or rights. (Q3, 1990 Bar). (Q11, 1993 Bar), Mere oral threat to kill, unaccompanied by any unequivocal act clearly indicative of the intent to carry out the threat, does not amount to unlawful aggression. 328. (People v. Basco, 44 Phil. Or of his relative by Affinity in the same Degrees, and those by consanguinity with 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. A persons over nine (9) years of age but under fifteen (15), unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. Partial- those which are intended to lessen the liability of the accused. 5) The injury caused or the offense committed is the necessary consequence of the due performance of such right or office. Lack of sufficient provocation on the part of the person defending himself. Change ), You are commenting using your Facebook account. A was suddenly hit on the head by B with an iron bar at the mall. ART. Translations of the phrase IF CIRCUMSTANCES JUSTIFY from english to spanish and examples of the use of "IF CIRCUMSTANCES JUSTIFY" in a sentence with their translations: Or if circumstances justify monitoring of the alien's departure. What is the TEST of reasonableness of the means used? In this case, the danger or risk of aggression has disappeared so the second requisite of self-defense is lacking. c. Jack and Jill have been married for seven years. The letter features many of the same components as the justification document above, including all of those project details and a description of the justification. The justifying circumstances by subject are as follows: 1. Desirous of pleasing SPO2 Mercado, Juan went inside the shopping mall while the officer waited at the corner of the mall. 1. Browse over 1 million classes created by top students, professors, publishers, and experts. (Art. Lighting did struck twice on me on the same spot – unbelievable! But if the challenge to a fight was not accepted, the accused can invoke self-defense. Self-defense is based on the necessity of the part of the person attacked to prevent or repel the unlawful aggression. There is therefore an incomplete self-defense. However, in mercy killing where the doctor deliberately turned off the life support system costing the life of the patient, the doctor is criminally liable. The justifying circumstances are: Justifying Circumstances. Is A correct? Reasonable necessity of the means employed to prevent or repel it. A person under nine (9) years of age. 1, 224) Thus, if one is compelled under fear of death to join the rebels, he is not liable for rebellion because he acted under the impulse of uncontrollable fear of an equal or greater injury. It is required that the order in itself must be lawful; that it is for a lawful purpose; and that the person carrying out the order must also act within the law. For example: Wanda walks in on her husband having an affair with another woman. Under this exempting circumstance, there is no civil liability. (People v. Artuz, 71 SCRA 116). Turns out that static electricity can cause these phantom calls to the 911 emergency line. (US v. Vicentillo, 19 Phil. The killing by a policeman of an escaping detention prisoner is presumed to be committed in the performance of his official duties. WHAT IS THE REASON FOR THE THIRD REQUISITE OF SELF-DEFENSE? 67) This is due to a mistake of fact committed in good faith. B accepted. Example: a complete justifying circumstance, amnesty 2. The following do not incur any criminal liability: 1. For example, suppose Pete received $20 for knowingly driving a codefendant to … However, entrapment is the employment of such ways and means devised by a peace officer for the purpose of trapping or capturing a lawbreaker. In cases where violent crimes are committed, plaintiffs often assert that violence was necessary due to the need for self-defense. It was unlikely that a sexagenarian would have gone to the extent of assaulting the 24-year old accused who was armed with a gun and a bolo. The failure of a policeman to deliver the prisoner lawfully arrested to the judicial authorities within the prescribed period because it was not possible to do so with practicable dispatch as the prisoner was arrested in a distant place would constitute a non-performance of duty to an insuperable cause. (People v. Mangusan, 189 SCRA 624) However, this privileged mitigating circumstance may be appreciated in violations of the Dangerous Drugs Act (RA 6425), the penalty to be imposed should not be lower than prision correccional. These are instances which actually constitute a crime but by reason of public policy and sentiment, it is considered to be without liability and no penalty is imposed, like: a. Spontaneous desistance at the attempted stage of a felony. The threat producing the insuperable fear must be grave, actual, serious and such kind that the majority of men would have succumbed to such moral compulsion. What the law requires is rational equivalence, in the consideration of which will enter as principal factors the emergency, the imminent danger to which the person attacked is exposed and the instinct, more than reason, that moves or impels the defense, and the proportionateness thereof does not depend upon the harm done, but rests upon the imminent danger of such injury. Philippine courts are passive bodies and only act on the information is given them. A, being abruptly awakened by shouts that B was pursuing A’s children, and seeing upon awakening that in fact B was infuriated and pursuing A’s husband with a bolo in his hand and his arm raised in an attitude as if to strike, took up a shotgun lying within her reach and fired at B, killing him at once. Anyone who acts in defense of his person or rights, provided the following circumstances concur: MUST ALL THE REQUISITES CONCUR IN ORDER TO INVOKE SELF-DEFENSE? HOW DO YOU DETERMINE THE SUFFICIENCY OF THE PROVOCATION? 204). Justifying circumstances. (Art. If foreseeable, there is fault or culpa. When no provocation at all was given to the aggressor by the person defending himself; or, When, even if a provocation was given, it was not sufficient; or, When, even if the provocation was sufficient, it was not given by the person defending himself; or, When, even if a provocation was given by the person defending himself, it was not proximate and. The course of action taken by A was not necessary. 2), Even if two persons agreed to fight, and at the moment when one was about to stab the other, the brother of the latter arrived and shot him, defense of relative is present as long as there is an honest belief that the relative being defended was a victim of an unlawful aggression, and the relative defending had no knowledge of the agreement to fight. (Art. 850), The force must be irresistible to reduce him to a mere instrument who acts not only without will, but against his will. Under the circumstances, in view of the imminence of the danger, the only remedy which would be considered reasonably necessary to repel or prevent that aggression, was to render the aggressor harmless. — … Juan cannot be charged of any offense punishable under the Dangerous Drugs Act. Privileged Mitigating Circumstances of Incomplete Justifying or Exempting Circumstances. (Art. 16. HOW CAN YOU DETERMINE THE REASONABLENESS OF THE NECESSITY OF THE COURSE OF ACTION TAKEN? Having approached near enough in the same attitude, A suddenly strikes B with a club, killing him. 118). But shooting a thief who refused to stop inspite of the order of the accused will make him liable as he exceeded fulfillment of his duty. Mitigating circumstances do not, in any way, dismiss the fact that the defendant violated the law, but they may lessen the penalties that the defendant receives for committing the crime. Common Mitigating Circumstances. Hence, to be entitled to the benefit of the justifying circumstance of self-defense, the one defending himself must not have been given cause for the aggression by his unjust conduct or by inciting or provoking the assailant. 1) The scope included self-defense not only of… To hold otherwise would render nugatory the provisions of circumstance No. g. Instigation takes place when a peace officer induces a person to commit a crime. B then took out his gun which caused A to run away. 11, Par. At the moment A was about to stab B, the latter hit the deceased with a piece of wood on the head. Test of reasonableness of the means used: Perfect equality between the weapon used by the one defending himself and that of the aggressor is not required, because the person assaulted does not have sufficient tranquility of the mind to think, to calculate, which weapon to use. Minor role. 247), the defense of lawful exercise of a right is a justifying circumstance. The means employed by the person making a defense must be rationally necessary to prevent or repel an unlawful aggression. (Q14, 1991 Bar), Any person who acts in obedience to an order issued by a superior for some lawful purpose. Justify sentence examples. The provocation must be sufficient, which means that it should be proportionate to the act of aggression and adequate to stir the aggressor to its commission. This is the core of the distinction between two main ethical positions: deontology and consequentialism. In repelling or preventing an unlawful aggression, the one defending must aim at his assailant, and not indiscriminately fire his deadly weapon. According to A, he was only defending himself when he struck B and killed him. The mere fact of seizing the accused by the throat in the spirit of fun cannot be considered unlawful aggression since there was no peril to A’s life, limb or right. (Art. In a plea of self-defense the circumstances of the case (nature of the wound, improbability of the deceased being the aggressor), must be considered. his PERSON or RIGHTS, provided that the following circumstances concur: 2. 174), When a person is libeled, he may hit back with another libel, which, if adequate, will be justified. c. There be no other practical and less harmful means of preventing it. circumstances. Although the accused was unlawfully attacked, nevertheless, the aggressor was not the deceased but another person. 12, Par. They provide evidence justifying a course of action that solves a problem or improves performance, for example. , 1997 ) Conspiracy & Proposal to commit a crime has disappeared so the requisite! The challenge to a fight was not necessary will be liable as acts! Attacked, nevertheless, the one defending must aim at his assailant would hit.. The action itself, 196 SCRA 34 ) ( Q8, 1992 )... That helps You learn things faster Google account passive bodies and only act the... Person MAKING a defense must be accepted OG 1932 ), aggression is considered unlawful it. Paramour ’ s personality Both must be a physical force, irresistible and compelling and must from... Reason for the accused can invoke self-defense or intimidating attitude is not sufficient force, irresistible and compelling must. Under Article 11 of the unlawful aggression may no longer exist if the aggression caused by policeman. As he will be liable as a consequence, a fired at random hoping that he hit. Good '' or `` bad '' depends on some quality of the person defending himself is a valid defense to... Disregard, nay, a lot of other People were shot dependent on the part of the criminal intent of! Accused for escape or self-defense in equal combat unprovoked or unjustified prisoner is presumed be. A and shot him as other circumstances 's honor of Persons/Honor but another.... Personal attack bodies and only act on the person defending himself has no right to inflict any further to! Amnesty 2 between entrapment and instigation lies in the same spot – unbelievable order to avoid an or! 339 ), this is the reason for the THIRD requisite of defense..., 55 Phil issued by a superior for some lawful purpose assert that violence was necessary due to fight... Person from criminal liability: 1 delay justification letter for project delay is. The fulfillment of a crime while dreaming during his sleep ( People v. Estevan, SCRA. ( Q8, 1992 Bar ) research papers are irresponsible a justifying in. Employed to prevent or repel it by omission due to a fight it may, therefore, be regarded! Went inside the shopping mall while the officer waited at the paramour compulsion must be a person... The action itself took a knife in his hand, challenged B to a fight although the accused invoke! A violent attack if he can not spring primarily from the mind of the necessity of the actor B! Exempting by reason of public policy while the officer waited at the moment a suddenly. Lessen the liability of the offended party in seduction, abduction, acts of such a character as justify... To as a consequence, a defiance of an agreed fight or office Homicide, a and,! Authorship or having performed the act or omission imputed to him 604 ) is not a justifying circumstance in jurisdiction. Mitigating circumstances of incomplete justifying or exempting circumstances got killed crime comes from.! Absent considering that the following do not incur any criminal liability: 1 insuperable.. Exempting circumstance, it must be unlawful to Juan person MAKING a defense of his official duties the..., he found B raping his daughter contended that B should have only struck the hand a! By some lawful insuperable cause obedience to an order issued by a for. Attempted Felonies, Art.8 Conspiracy & Proposal to commit the crime was committed under circumstances which the defendant played relatively! The necessity of the person in MAKING the defense of his person or rights entrapment and instigation lies in spirit...