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Defense of relatives, A11(2) Revised Penal Code

1. Concept

Defense of relatives – refers to a justifying circumstance wherein no criminal liability results for a crime committed by an accused who was defending a relative.

Read more: Justifying circumstances

a. Legal basis

Article 11. Justifying circumstances. - The following do not incur any criminal liability:

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 his relatives by affinity in the same degrees and those 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 revocation was given by the person attacked, that the one making defense had no part therein.

(Revised Penal Code)

2. Defense of relatives

For the 2nd justifying circumstance: 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 his relatives by affinity in the same degrees and those 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 revocation was given by the person attacked, that the one making defense had no part therein

a. Elements

Elements for defense of a relative:

1) Unlawful aggression on the part of ...

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