Criminal Law

Criminal Law: It is a branch of public substantive law which defines crimes, treats their
nature, and provides for their punishment.
It is a public law because it deals with the relationship of the individual with the state.

Important terms:
1. Crime- the generic term used to refer to wrongdoing punished under either the RPC or
under Special Laws.
2. Ortega- an act committed, or omitted in violation of a public law forbidding or
commanding it.
3. Felony- A crime punished under RPC. Example: Murder/Homicide
4. Offense- A crime punished under Special laws. Example: Illegal Position of Firearms
5. Misdemeanor- Minor Infraction of law. Example: no smoking ordinance

Sources of Criminal Law

1. The Revised Penal Code (Act. 3815)
2. Special Penal Laws
3. Penal Presidential Decrees issued during Martial Law
4. Batasang Pambansa

Legal Maxims
1. Nullum crimen nulla poena sine lege
There’s no crime, when there's no law that defines and punishes it.
2. Actus non facit reum, nisi mens sit rea
The act cannot be criminal, unless the mind is criminal
3. Actus me invito factus non est meus actus
An act done by me against my will isn’t my act
4. El causa es causa de la causa del mal causado
He who is the cause of the cause is the cause of the evil caused.

Characteristics of Criminal Law

1. General
It is binding on all persons who live or sojourn in the Philippine Territory. It means that all people
regardless of nationality, gender, or other personal circumstances, to simply put, it refers to
people. However there exemptions:
 a. Treaty Stipulations
Under RPC as visiting forces agreement which was signed in February 10, 1998
b. Warship Rule
State thought a warship of another country even though docked in the Philippines is
considered as an extension of the territory of their respective country. Same rule ap[lies
to foreign embassies in the Philippines. Philippine warship and embassies abroad are
extra territories
c. Principles of Public International Law
The following persons are exempted: (SCAMM)
i. Sovereigns and head of state
ii. Charges d’ affaires
iii. Ambassadors
iv. Ministers plenipotentiary
v. Ministers resident
2. Territorial
a. Aerial
b. Terrestrial
c. Fluvial
The General rule states that Penal Laws of the Philippines have force and effect only within its
territory. This characteristics simply refers to
a. Place
If you commit a crime in the Philippines then you are subject to the Philippine
laws and trial in the Philippines
Exemptions to Territoriality
a. Extraterritoriality - Prosecuted in the Philippines even though you committed the crime
abroad. It refers to the application of the Revised Penal Code outside the Philippine
territory. Extraterritorial crimes enforceable even outside Philippine territory against those
who:
i. Should commit an offense while on Philippine ship or airship
ii. Should forge or counterfeit any coin or currency notes of the Philippines or
obligations and securities issued by the Government.
iii. Should introduce into the country the above mentioned obligation and securities.
iv. While being a public officers or employees should committee an offense in the
exercise of their functions
v. Should commit any of the crimes against national security and the law of nations
defines in Title 1 of Book 2
3. Prospective
It states that penal laws cannot make an act punishable in a manner in which it was not
punishable when committed. So basically it refers to time.
Exemptions:
1. Favorable to the accused
However the law may be applied retroactively when the new law is favorable to
the accused.
Always remember that there shall no Ex Post Facto Law or Bill of attainder shall be enacted.
When we talk about ex post facto law always remember our maxim “Nullum crimen nulla poena
sine lege” No crime when there is no law that defines and punishes it.
a. Bill of Attainder -Act that inflicts punishment without trial

ACT No. 3815 (December 8, 1930)

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

Preliminary Article - This law shall be known as "The Revised Penal Code."

BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE
OFFENSES, THE PERSONS LIABLE AND THE PENALTIES

Preliminary Title

DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS

CODE

Article 1. Time when Act takes effect. - This Code shall take effect on the first day of
January, nineteen hundred and thirty-two.

- RPC took effect on January 01, 1932 but was passed into law on December 8, 1930
- Article 1 is all about the time it took effect

Article 2. Application of its provisions. - Except as provided in the treaties and laws
of preferential application, the provisions of this Code shall be enforced not only within
the Philippine Archipelago, including its atmosphere, its interior waters and maritime
zone, but also outside of its jurisdiction, against those who:

1. Should commit an offense while on a Philippine ship or airship

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

a. The first paragraph provides for the intra-territorial application of the RPC
- The RPC shall be enforced within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone.
- Exception:

“As provided in treaties and laws of preferential application” - means that treaties
entered into with other countries. Laws of preferential application takes
preference over the provisions of RPC whenever the Philippines enters into a
treaty with another country and the stipulations in the treaty is not incontinence
with the RPC then the provision in the said treaty shall prevail over the RPC

b. The second paragraph provides for the extraterritorial application of the RPC
- These are instances wherein the RPC can be applied even if the crimes are
committed outside Philippine archipelago
1. Should commit an offense while on a Philippine ship or airship. A
ship or airship is considered a Philippine ship or airship when it is
registered in the Philippines under Philippine laws. Even if it is
owned by a 100% Filipino citizen, if it is not registered in the
Philippines, then it cannot be considered a Philippine ship or
airship.

(Q1) Now the law says when a crime is committed on board a Philippine ship or airship,
the extraterritorial application of the RPC will apply. It means even if the crime
committed in another place outside the PH jurisdiction, still, the RPC will apply. So what
is this situation?

(A1) This is a situation where a crime is committed on board a Philippine Vessel (PV)
while it is outside the PH territory but NOT in the territory of a foreign country. The PV is
on waters of the Philippines and a crime was committed on board.

It is necessary that the Philippine ship or airship is outside the PH territory but not
inside the territory of another country. If the PV is in territory of another country, then the
Philippines will have no jurisdiction. The law of that country shall prevail.

(Q2) The Philippine vessel was in Philippine waters. While the vessel is in the PH
waters a crime was committed on board the vessel. What country has jurisdiction over
the said crime?
(A2) The Philippines. The vessel is in the Philippine waters. Article 2 first paragraph,
intra-territorial application will govern

(Q3) What if the PV is on the high seas or international waters not owned by any
country and a crime was committed on board? What country will have jurisdiction?

(A3) Still the Philippines because of the extraterritorial application of Article 2 second
paragraph. The PV was outside the Philippine archipelago when the crime was
committed but it is not in the territory of another country. Hence, the RPC should still
apply.

(Q4) What if the PV is on the waters of Malaysia and a crime was committed on board?
What country will have jurisdiction?

(A4) Malaysian courts will have jurisdiction because of the territoriality characteristics
of criminal law. As a rule, penal laws are territorial in nature.

Exemptions:

a. If the vessel is a Philippine warship or war plane. Whenever it may be located it

is always the Philippines that will have jurisdiction because a Philippine warship
or warplane is considered an extension of the Philippine territory.

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
Obligations and Securities issued by the government of the Philippine Islands.

3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;

The following 2 circumstances, if the forging and counterfeiting were done in a

foreign country, the offender can be prosecuted before the PH courts. Philippine laws
will apply because of the extraterritorial application of the PRC under the second and
the third paragraph

(Q1) X was arrested in Japan because he was caught in the act of counterfeiting the
Philippine peso bill likewise Philippine securities issued by the BSP. Can he be
prosecuted before Philippine courts? Does Philippine law apply?

(A1) Yes, Although the crime has been committed in Japan, he can be held liable before
Philippine courts.

4. While being public officers or employees, should commit an offense in the exercise
of their functions;
 This refers to public officers and employees of the PH government who are working in
another country. Even if they are assigned in a foreign territory since they are public
officers of the government. If in the said country they commit a crime in the performance
of their official functions they can be prosecuted before Philippine Courts but if the crime
committed is not in an way connected with the exercise of their functions then they
should be prosecuted in the courts where they are assigned because although they are
public officers or employees of the Philippine government they acted in their private
capacity.

5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

Title One

FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter One
FELONIES

Article 3.

Definitions. - Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only be means of deceit (dolo) but also by means of fault
(culpa).

1. There is deceit when the act is performed with deliberate intent

2. There is fault when the wrongful act results from
a. imprudence,
b. negligence,
c. lack of foresight, or
d. lack of skill.

Two kinds of Felonies

1. Intentional Felony - those committed with deliberate intent.

Elements (CiFi)

a. Criminal intent on the part of the offender

b. Freedom of action in doing the act on the part of the offender
c. Intelligence of the offender
(Q1) Is an intentional felony a voluntary act?

(A1) An intentional felony is a voluntary act because it is committed by means of

deliberate intent. The offender knowingly, willfully, and voluntarily committed the act.

2. Culpable Felony- when the wrongful act results from imprudence, negligence,
lack of foresight, or lack of skill

Elements if (CnFi)

a. Criminal negligence on the part of the offender

b. Freedom of action in doing the act
c. Intelligence on the part of the offender

(Q2) Is a culpable felony a voluntary act?

(A2) Yes, it is also a voluntary act although it is committed with negligence not with
deliberate intent.

Note: both intentional and culpable felonies are voluntary acts. Without voluntariness
there can neither be an intentional or culpable felony.

(Q3) Can a crime be committed without a criminal intent?

(A3) Yes, a crime can be committed even in the absence of criminal intent.

1. In case of crimes brought about by imprudence, negligence, lack of foresight or

lack of skill, otherwise known as culpable felony.
2. In case of crimes which are violation of penal laws

Mala Inse vs Mala Prohinita

● Mala Prohibita-

Acts which are only wrong because there is law that defines and punishes
the said act. Without the said law, said act will not be considered a crime.

Crime made evil by the law or crime by statute

Example: possession of firearms. Mere possession is not a criminal in nature but

possession of firearms without license and without permit to carry is considered criminal
and illegal because there is a law.

● Mala Inse
 These are acts which are inherently evil or wrong by their very nature. It is
wrong per se, even if there’s no law, it is evil.

Acts evil in itself

Examples:

1. Killing a person
2. Molesting a woman
3. Taking the thing of another without the consent of the owner.

Article 4.

Criminal liability. - Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different
from that which he intended.

2. By any person performing an act which would be an offense against persons or

property, were it not for the inherent impossibility of its accomplishment or an account of
the employment of inadequate or ineffectual means.

1. Proximate Cause Doctrine

a. Elements (IRD)
i. The intended act is a felonious act
ii. The resulting act is a felony
iii. The resulting felony is the Direct, natural and logical
consequence of the felonious act of the offender

As a rule, the offender is criminally liable for all the consequences of his
felonious act, although not intended, if the felonious act is the proximate
cause of the felony.

b. What is Proximate cause?

Therefore, for one to be criminally liable under the PCD it is

necessary that the felonious act and resulting act must not be
broken by efficient intervening cause that has broken the causal
connection between the felonious act of the offender and the
resulting felony.
 If there is an efficient intervening cause that has broken the causal
connection between the felonious act of the offender and the
resulting felony, the offender will not be held liable for the felony but
only for the particular act that he committed.

2. Efficient Intervening cause

It is an intervening active force which is a distinct act or fact absolutely

foreign from the felonious act of the offender.

Therefore, in order that an act is considered an efficient intervening cause,

it is necessary that it is totally foreign from the felonious act that is
performed by the offender.

Example:

(1) Mayroon Bus patungong Quezon, sa may bandang unahan lumiko ito at may
sumakay na apat na lalaki. Dalawa ang umupo sa unahan at dalawa sa likuran.
Pagkatapos ay itinaas nila ang kanilang mga dalang kutsilyo at sumigaw na “hold
up, to. Walang masasaktan kung ibibigay ninyo nang mahinahon ang inyong
pera at alahas”. Si Pedro na may experience na tungkol sa mga kaparehong
sitwasyon ay may trauma na at sa sobra ang takot. Ng dahil sa takot ay Tumalon
ito sa bintana. Naging resulta ito sa kamatayan ni Pedro ng dahil dito kinasuhan
ang mga hold upper sa pagkamatay ni Pedro at inigiit nila na hindi nila kasalanan
ang pagkamatay ni Pedro at ni hindi nga sila lumapit rito.

Tanong: Mayroon bang Criminal liability ang mga holdappers?

Sagot: Oo, dahil ang kanilang ginawang pang hoholdup ay isang “felonious act” dahil
dito takot si Pedro. Ang dahilan ng kanyang pagkatakot sa hold up ay siyang dahilan ng
kanyang pagtalon at pagkamatay itinuturing na ang pag sabi ng hold up na naging
dahilan ng takot au ang “proximate cause”. Kung hindi sila ng dulot ng takot sa biktima
ay hindi nito maisipang tumalon sa bintana.

(2) Si Juan at ang kanyang dalawang kaibigan ay uminom ng uminom at sobrang

ingay nila kahit dis oras na ng gabi. Pinuntahan sila ni Pedro at sinabing hinaan
nila ang kanilang boses. Nagalit si Juan sa ginawa ni Pedro at sinabi niya sa
mga kaibigan ay balang araw may gagawan siya kay Pedro. Sa sumunod na
araw ay nag inuman ulit sina Juan at mga kaibigan niya sa kaparehing tindahan,
biglang dumaan si Pedro at pinalapit ito ni Juan at pinagsusuntok hangan itoy
matumba sa lupa, pagkatapos ay tumakbo si Juan. Pagkatapos ng insedente ay
nakita ng asawa ni Pedro si Pedro na nakahandusay sa bahay nila at bumubula
ang bibig nit. Dinala niya ito sa pinakamalapit na hospital at idineklarang “Dead
 on Arrival” ayon sa Medical Certificate ay nagtamo ito ng Superficial Injuries na
maaring gumaling lang sa 2 araw. At ang dahilan ng pagkamatay nito ay “heart
attack” kinasuhan si Juan ng kasong homicide at itinangi nito na hindi sya ang
dahilan dahil superficial injuries lang ang dulot ng kanyang ginawa at ang tunay
na dahilan ay ang heart attack na dinanas nito.

Tanong: Mayroon bang criminal liability si Juan?

Sagot: Oo, under Proximate Cause Doctrine, ang ginawang pag bogbog ni Juan kay
Pedro ang siyang dahilan bakit napabilis ang pagkamatay nito. Kung hindi dahil sa pag
bogbog nito ay hindi atakihin sa puso ang biktima. At sa ginawang pag bogbog ni Juan
ay isang “Felonious act”

(3) Si Lolo Pedro ay mahimbing na natutulog sa kanilang bahay dahil malamig ang
hangin. Siya ay biglang nagising dahil sa ingay na kanyang nadinig at agad nya
itong hinanap upang malaman ang dahilan ng ingay. Natuklasan nya na sa
kanilang bakuran ay may apat na batang nagnanakaw ng kanyang tanim na
mangga at nasa ibabaw pa ito ng puno. Sinabihan niya itong mga bata na
bumaba kung hindi ay matatawag sya ng pulis upang ipahuli ang mga ito. Mabilis
namang bumaba ang mga bata dahil sa takot at ang isang bata ay tumalon na
lang at ang isang paa nito ay tumama sa malaking bato at nabali ito.

Tanong: May criminal liability ba si Lolo Pedo sa tinamong injuries ng nahulog na bata?

Sagot: Wala, sa kadahilanang ang pagsabi ni Lolo Pedro sa mga ito na bumaba kung
hindi ay ipa dadakip ito ng mga Pulis ay hindi isang “Felonious act” Iniexercise lamang
niya ang kanyang karapatan sa kanyang mga tanim.

Tanong: Paano naman kung sa parehong sitwasyon ay kinuha ni Lolo Pedro ang
kanyang shotgun at tinakot ang mga bata?

Sagot: Magkakaroon na sya ng criminal liability dahil ang pag takot gamit ang shotgun
ay isang felonious act.

Under article 4 Paragraph 1 the offender merely becomes criminal liable for the
resulting felony if he is performing a felonious act.

3 instances where the offender becomes criminally liable for the resulting felony
although different from that which he intended.

1. Mistake in the Blow (aberratio ictus)

A person directed the blow at an intended victim, but because of poor aim, that blow
landed on somebody else. In aberratio ictus, the intended victim and the actual victim
are both at the scene of crime.

Example. A, shot B, but because of lack of precision, hit C instead.

Note: there are three persons involved: the offender, the intended victim, and the actual
victim.

2. Mistake in Identity (Error in Personae)

The offender intends the injury on one person but the harm falls on another. The
intended victim was not at the scene of the crime. It was the actual victim upon whom
the blow was directed, but he was not really the intended victim. There was really a
mistake in identity

Example: A, wanting to kill B, killed C instead

Note: there are only two persons involved: the actual but unintended victim, and the
offender

3. Injurious consequences are greater than that intended (praeter intentionem)

The injury is on the intended victim but the resulting consequences are so grave a
wrong than what was intended. It is essential that there is a notable disparity between
the means employed or the act of the offender and the felony which resulted.

This means that the resulting felony cannot be foreseen from the acts of the offender.

Example: A, without intent to kill, struck the victim on the back, causing the victim to fall
down and hit his head on the pavement.

Note: the three enumerated situations are always the result of an intentional felony or
dolo. These situations do not arise out of criminal negligence.

Paragraph 2. Impossible Crime

By any person performing an act which would be an offense against persons or

property, were it not for the inherent impossibility of its accomplishment or an account of
the employment of inadequate or ineffectual means.
It is one where the act would have amounted to a crime against persons or property but
it is not accomplished because of its inherent impossibility or because of the
employment of inadequate means.

It is not really a crime in the legal sense of the word because a crime requires
substantive change in the outside world. Here, the act did not ripen into a crime. It was
not accomplished into a crime because of its inherent impossibility.

2 types of inherent impossibility

A. Legal Impossibility- when all intended acts even if completed would not have
amounted to a crime.

Example: Nawala ang pitaka ni Pedro na may lamang 5 libong piso. Ito ay gagamitin
sana niya upang pambayad ng utang. Nakapag desisyon niyang nakawin nalang ang
pitaka ng kaibigang si Juan at pagkuha nya rito ay napag tanto nyang kanya pala ang
piyakang iyon.

Pedro is liable for an impossible crime. The crime would have amounted to theft,
a crime against property. The act was done with evil intent. However, the act did
not ripen to theft because of inherent impossibility, the said happens to be his
own wallet.

It is a legal impossibility. In theft, it is necessary that the thing taken must belong
to another person because theft is done with intent to gain.

B. Physical/Factual Impossibility- when an extraneous circumstances unknown to

the offender/beyond the control of the offender, prevented the consummation of
the crime.

Example: A person placed his hands inside the bag of another intending to get anything
but the bag was empty. The person who owned the bag noticed the hand. The person
was not able to get anything from the bag. This is an impossible crime. A physical
impossibility.

The act done would have amounted to theft, it was done with evil intent, but
because of extraneous circumstances unknown to the offender, the act did not ripen to
a crime. Unknown to the offender, the bag was empty.

Objectively no crime is committed but subjectively the offender is a criminal, hence the
offender is being punished because of his criminal tendency and dangerousness.

Note: act performed should not constitute a violation of another provision of RPC.
Otherwise, that person will be liable for that crime and not an impossible crime.
Impossible crime is a crime of last resort. You can file an impossible crime if the said act
would not result in any other crime punishable under the RPC.

Article 5.

Duty of the court in connection with acts which should be repressed but which
are not covered by the law, and in cases of excessive penalties. - Whenever a court
has knowledge of any act which it may deem proper to repress and which is not
punishable by law, it shall render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which induce the court to
believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department
of Justice, such statement as may be deemed proper, without suspending the execution
of the sentence, when a strict enforcement of the provisions of this Code would result in
the imposition of a clearly excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.

Article 6.

Consummated, frustrated, and attempted felonies. - Consummated felonies as well

as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and
accomplishment are present; and it is frustrated when the offender performs all the acts
of execution which would produce the felony as a consequence but which,
nevertheless, do not produce it by reason of causes independent of the will of the
perpetrator.

There is an attempt when the offender commences the commission of a felony directly
or over acts, and does not perform all the acts of execution which should produce the
felony by reason of some cause or accident other than this own spontaneous
desistance.

2 phases in the commission of the crime

 1. Subjective phase- portion of the commission of the act wherein the offender
commences the commission of the crime after the time that he has still control
over his act. He may or may not process the commission of the crime. He still
has control over his acts
2. Objective Phase- offender has no more control over his acts. He has already
performed all the acts of execution in the commission of the felony.

Note: if the subjective and objective phase are present, there is a consummated felony.

3 stages in the commission of felony

1. Attempted- when the offender commences the commission of a felony directly or

over acts, and does not perform all the acts of execution which should produce
the felony by reason of some cause or accident other than this own spontaneous
desistance.
2. Frustrated - when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator.
3. Consummated- when all the elements necessary for its execution and
accomplishment are present.

Simple Scenario: Juan stabbed Pedro. He regrets what he did because Pedro is his
friend after all, he brought Pedro to the Hospital Pedro survived. Frustrated.

Juan is in the act of stabbing Pedro, Pedro notices Juan and evades his attacks and
runs. Attempted

Article 7.

When light felonies are punishable. - Light felonies are punishable only when they
have been consummated, with the exception of those committed against person or
property.

Rule: Light felonies can only be penalized when they are consummate

Exemption:

a. Expect those crimes against Person or Property. Even in the attempted or

frustrated stages. The offender incurs criminal liability
Article 8.

Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit

felony are punishable only in the cases in which the law specially provides a penalty
therefor.

A conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its
execution to some other person or persons.

The conspiracy to commit a crime is not a punishable act because it is a mere

preparatory act; exception to the rule, as provided by article 8 first paragraph,
conspiracy to commit a crime shall be punishable only when the law especially provides
a penalty therefore.

Example: Conspiracy to commit treason which are punishable as defined by law.

Article 9.

Grave felonies, less grave felonies and light felonies. - Grave felonies are those to
which the law attaches the capital punishment or penalties which in any of their periods
are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their
maximum period are correctional, in accordance with the above-mentioned Art..

Light felonies are those infractions of law for the commission of which a penalty of arrest
menor or a fine not exceeding 200 pesos or both; is provided.

Grave felonies are those to which the law attaches the

1. Capital punishment
2. Penalities which in any of their periods are afflictive, in accordance with
Art. 25 of this code.

Less grave felonies are those which the law punishes with penalties which in
their maximum perios are correctional, in accordance with the above mentioned article.

Light felonies are those infractions of law for the commission of which the penalty of

1. Arresto menor or
2. A fine not exceeding 200 pesos or
3. Both, is provided
Article 10.

Offenses not subject to the provisions of this Code. - Offenses which are or in the
future may be punishable under special laws are not subject to the provisions of this
Code. This Code shall be supplementary to such laws, unless the latter should specially
provide the contrary.

Chapter Two
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY

Article 11.

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

1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;

First. Unlawful aggression.

Second. Reasonable necessity of the means employed to prevent or repel it.

Third. Lack of sufficient provocation on the part of the person defending himself.

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.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the
first and second requisites mentioned in the first circumstance of this Article are present
and that the person defending be not induced by revenge, resentment, or other evil
motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes
damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.

6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose