Justifying Circumstances

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Justifying Circumstances are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability.<ref>No civil liability except in par.4 of Art.11 of the Revised Penal Code of the Philippines, or the justifying circumstance of accident</ref> These acts are deemed justified, thus no crime has been committed. In order to avoid any criminal liability, it is incumbent upon the accused to prove by clear and convincing evidence that the justifying circumstance claimed by him really existed.

These circumstances, enumerated in Article 11 of the Revised Penal Code, are (1) self-defense; (2) defense of relatives; (3) defense of a stranger; (4) avoidance of greater evil or injury; (5) fulfillment of duty or lawful exercise of right or office, and; (6) obedience to an order issued for some lawful purpose.


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