Self defense

 Welcome to my channel or welcome back to my channel

Ang topic natin for today would be  self defense

 the use of deadly force is justifiable only by virtue of the self defense and defense of stranger

the use use of deadly of deadly force shall be applied only as a last resort, when all other peaceful and non violent means have exhausted.

WHAT IS SELF-DEFENSE?

the defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime."he claimed self-defense in the attempted murder charge"

Anyone who acts in defense of his person or rights, provided the following circumstances concur:

ito tatlong elemento ng self  defense

1.Unlawful aggression

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

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

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at ang self defense ang naka base sa Art 11 of revised penal code

justifying cirrcumtances

are those 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.

at kasama dito ang battereed women syndrome

is a psychological condition that can develop when a person experiences abuse, usually at the hands of an intimate partner.

justifying cirrcumtances

are those 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.

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

ang code natin dito nung college kame 

u r l

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.

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Unlawful aggression

WHAT IS UNLAWFUL AGGRESSION NGA BA?

Unlawful aggression is an actual physical assault or at least a threat to attack or inflict physical injury upon a person

There is unlawful aggression when the peril to one’s life limb or right is either ACTUAL or IMMINENT.

when we say actual

It is actual when there is an actual physical assault, and

imminent when there is a threat to inflict real injury.

hnd imaginary lang   ang atake sayu  it must be actual or immnient

Ang unlawful aggression ay ang aktual na physical assault o threat na magreresulta sa real immiment injury or danger sa buhay mu. Ang akto ng attacker ay dapat nagresulta o mag reresulta sa pisikal na injury o harm sa isang tao. .Hindi kinukunisderang unlawful aggression ang pag sigaw sayo o pag hamon sayo ng suntukan. Ang halimbawa ng unlawful aggression ay ang pag tutok ng attacker sa iyo ng baril, o kaya pagbunot nito ng kutsilyo o ibang deadly weapon.

when we say imminent is just about to happen yung mamangyayari na. .  

for example my baril tas my intent too shoot na sya. aantayin mupaba tamaan ka  ?

dito sa unlawfull aggression dapat hnd mu sya hinamon  or pirnovoke huh dapat lage over act 

continuing wtih number 2

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

justifying dapat ginawa natin reasonable ang way para maialis natin sarili natin from threat  ordanger

 

ginamit mo bang paraan sa pag pigil sa threat ay necessary o makatarungan? ginamit mu wala ka nag maisip na pwde gawiin para mapigilian ma depensahan ang sairli mu  para matangal yung danger

for example sinaksak ka or sinsak kana  wala ka ng iba way para mapigilan sya binaril mu

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sabe nga nila  Test of reasonableness depends on:

(1) weapon used by aggressor

(2) physical condition, character, size and  other circumstances of aggressor

(3) physical condition, character, size and circumstances of person defending himself

(4) place and occasion of assault

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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

Perfect equality of between the weapons used is not necessary or required

-alam mu nmn sinaksak kana or saksakin kapa hahanap kapa kutsilyo para yun din gamitin mu , hnd nano

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A security guard, upon seeing a man scale the wall of a factory compound which he was guarding, shot and killed the latter. Upon investigation by the police who thereafter arrived at the scene of the shooting, it was discovered that the victim was unarmed. When prosecuted for homicide, the security guard claimed that he merely acted in self-defense of property and in the performance of his duty as a security guard.

all the elements of self-defense und, must be present  the second element (reasonable necessity of the means employed) is absent

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

Walang panunukso sa ginawa mu para i claim self defense

-the one defending himself must not have given cause for the aggression by his unjust conduct or by inciting or provoking the aassailant

Walang panunukso sa ginawa mu para i claim self defense

example si the one defending himself must not have given cause for the aggression by his unjust conduct or by inciting or provoking napatay mu .. tas mag invoke ka ng self dedense? yung sampal ni a kay b bngyan mu ng rason si b para magalit pangalawa ang unlawful aggression nasayu na

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

 

halimbawa nakita asawa mu sinasaktan  ng ibang tao  nagawa mu din saktan nanakit 

 

 

3. Anyone who acts in defense of the person or rights of a stranger, provided

example si bruce willis si batman my nakita sya sa street  ninnakawan matandang babae so ginawa ni batman binanatan nya yun

pasuk yun sa   defense of stranger

First. Unlawful aggression.

 

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

 

Third 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

halimbawa nito my nkita unconscious  or nalunud nalang kunware inalon tas napapad na sa mababaw so cnpr mu imbes na sa chest mu cpr dun mu sa tyan  so lalobg napasama dahil hnd mu alam .. ang intensyon mu is makatulong natakot ka kase baka nga nmn hnd maagapan pagkalunod

meron tong tatlong rerequsite 

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.

for example police officer mag sserve ng  warrant  tas nanlaban kuno suspect or sservan mu warrant pinutukan ng police officer at napatay ito .. yan maabswelto yan 

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

kung inutos ito sayu at LAWFUL order nmn pag kautos .regular padin padin yan

1.    Unlawful aggression

2.    Reasonable means employed to prevent or repel it

An imbecile is exempt in all cases, while an insane is exempt if and only if can be proved that he did not commit the crime during lucid interval

“Lucid interval refers to a brief period during which an insane person regains sanity that is sufficient to regain the legal capacity to contract and to act on his/her own behalf. Lucid interval also refers to the period during which a person has enough mental capacity to understand the concept of marriage and the duties and obligation it imposes.” 

A, with a knife in his hand, challenged B to a fight. B accepted. In the course of the fight, A got killed.

pulis pinagsaksak

https://www.youtube.com/watch?v=X5CTwMkYsfU

guard binaril palaboy

https://www.gmanetwork.com/news/balitambayan/balita/711816/palaboy-patay-matapos-sumampa-sa-pader-at-bumagsak-sa-riles-ng-mrt-3/story/

so ito para sakin there was no unlawful aggression to justify shooting the  aggressor as self defense

there were capable avoiding the stones  pwde pa nila i pinned down or i take down dalawa sila gamitan ng batuta or tear gas dba

kapag hnd talga kaya they could ask proper authority for help barangay or pulis 

ginawa nila dito they shoot instead despite na hnd nmn sila in danger ang buhay nila

even though sabihin na natin they sustain injury dba? caused by the agressor thrown by him

kahit ba tamaan ka or hnd 

https://www.youtube.com/watch?v=btvk9oAQ_pA