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%)
Suggested answer only. Not an official answer and not legal advice.
No, Pedro cannot be absolved on the ground of defense of a relative.
Under Article 11(2) of the Revised Penal Code, defense of a relative covers the spouse, ascendants, descendants, siblings, relatives by affinity in the same degrees, and relatives by consanguinity within the fourth civil degree. Relatives by affinity under this provision are restricted to the spouse's direct ascendants, descendants, and siblings.
Here, Juan is the first cousin of Pedro's wife, Tessie. Thus, Juan is Pedro's relative by affinity, not consanguinity. Because the fourth-degree rule applies exclusively to consanguinity and affinity is limited to the same degrees as siblings, ascendants, or descendants, Juan is not a covered relative.
Consequently, Pedro cannot invoke defense of a relative, though he may be absolved under defense of a stranger if all its requisites concur.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Who are covered as relatives by affinity under Article 11(2) of the Revised Penal Code for defense of a relative?
Relatives by affinity under Article 11(2) are restricted to the spouse's ascendants, descendants, and siblings.
Why is a wife's first cousin NOT considered a covered relative by affinity under Article 11(2) of the RPC?
The fourth-degree rule in Article 11(2) applies only to consanguinity, excluding a spouse's first cousin from affinity coverage.
What justifying circumstance may an accused invoke if he kills an attacker to save his wife's first cousin from unlawful aggression?
Protecting an individual outside the statutory list of covered relatives falls under defense of a stranger.
Which requisite is essential to successfully claim the justifying circumstance of defense of a stranger under Article 11(3) of the RPC?
Defense of a stranger requires unlawful aggression, reasonable necessity of means, and absence of evil motive or revenge.
What happens if an accused acts to defend an excluded relative without any revenge or evil motive, using reasonable means against unlawful aggression?
An accused who defends an excluded relative using reasonable means without evil motive is justified under defense of a stranger.
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.