2016 Criminal Law, Q3

Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the attacker on his head which caused the latter’s death.
Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain. (5%)

Quick check

Who are covered as relatives by affinity under Article 11(2) of the Revised Penal Code for defense of a relative?

Why is a wife's first cousin NOT considered a covered relative by affinity under Article 11(2) of the RPC?

What justifying circumstance may an accused invoke if he kills an attacker to save his wife's first cousin from unlawful aggression?

Which requisite is essential to successfully claim the justifying circumstance of defense of a stranger under Article 11(3) of the RPC?

What happens if an accused acts to defend an excluded relative without any revenge or evil motive, using reasonable means against unlawful aggression?

Learn more about these topics

1. Defense of Relative
Under Article 11, paragraph 2 of the Revised Penal Code, defense of a relative requires an unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and, in case the provocation was given by the person attacked, that the defender took no part therein. The law strictly enumerates covered relatives: the spouse, ascendants, descendants, legitimate, natural, or adopted brothers and sisters, relatives by affinity in the same degrees, and relatives by consanguinity within the fourth civil degree. Intervening to protect anyone outside this exhaustive statutory list cannot be justified under defense of a relative.

2. Affinity versus Consanguinity
In Philippine criminal law, affinity refers to the legal relationship established by marriage between one spouse and the blood relatives of the other spouse. For defense of a relative under Article 11(2) of the Revised Penal Code, the four-degree rule applies exclusively to relatives by consanguinity or blood relationship. Relatives by affinity are legally restricted to the spouse's ascendants, descendants, and siblings. A spouse's collateral blood relative beyond siblings, such as a first cousin by affinity, is excluded from the scope of defense of a relative, regardless of personal closeness or family ties.

3. Defense of Stranger
Under Article 11, paragraph 3 of the Revised Penal Code, an individual who defends a person who is not a covered relative may invoke the justifying circumstance of defense of a stranger. To successfully claim defense of a stranger, three requisites must concur: unlawful aggression against the stranger, reasonable necessity of the means employed to repel the attack, and that the defender was not induced by revenge, resentment, or other evil motive. If a person kills an attacker to protect an excluded relative, he may still be completely exonerated under defense of a stranger.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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