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DEFENSE OF A STRANGER person defending” not for the unlawful aggressor
* They only differ on the 3rd requisite
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THIRD ELEMENT
“Lack of sufficient provocation”
“on the part of the person defending
himself.”
ELEMENTS OF PROVOCATION:
1. That the provocation be sufficient
2. that it must originate from the offended party
3. that the provication must be immediate to the act,
i.e., to the commission of the crime by the person
who is provoked
DIFFERENT SCENARIOS FOR THE 3RD REQUISITE
1 When no provocation at all was given to the aggressor by
the person defending himself (no provocation)
2 When, even if a provocation was given, it was not sufficient
(not sufficient) #NOTSUFFICIENT
- Provocation need not be unlawful aggressor level.
- NOT SUFFICIENT PROVOCATION
- Mere verbal argument
- Petty question of pride: merely ask
regarding the theft of fish (PEOPLE V
SANCHEZ)
- Lawful aggression: A had the right to ask B
about the fence he is building over his
property. B had no sufficient provocation
since A merely asked about his lawful right.
US v. PASCUA
- SUFFICIENT PROVOCATION examples
- US V. MACCRAY: When one challenges the
deceased to come out and engage in a
fist fight withi him and prove who is the
better man
- PEOPLE V SOTELO: Insults and imputes to
another the utterance of a vulgar
language
- PEOPLE V. GETIDA: Accused forcibly kissed
the sister of the deceased.
3 When, even if the provocation was sufficient, it was not
given by the person defending himself (third person)
- PEOPLE V. BALANSAG: Sufficient provocation must
only come from the person defending himself. If the
provocation is from another person, then this cannot
be use to belie self defense.
- lack of sufficient provocation exclusive to “the
PEOPLE v. ESPINO: attack made by the deceased
when Alconga (accused) was the one defending
himself during the fight, was not considered as a
provocation to Alconga (accused) in the second
stage of the fight (where unlawful aggression
already ceased). For in that second stage, Alconga
(accused) became the aggressor and is not
anymore defending himself.
4 When, even if a provocation was given by the person
defending himself, it was not proximate and immediate to the
act of aggression. (not proximate or immediate to the act of
aggression)
- US V LAUREL: The kissing of the gf was a sufficient
provocation but since the kissing of the girl took
place on December 26, the provocation was
disregarded by the SC. It must be proximate and
immediate from the act of aggression.
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BATTERED WOMAN SYNDROME
SEC 6 OF ANTI VAWC 2004
SECTION 26. Battered Woman Syndrome as a
Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of
the elements for justifying circumstances of
self-defense under the Revised Penal Code.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
- includes wives or woman in any form of
intimate relationship with men
- to be a battered woman must go through
the battering cycle at least twice
- exhibit common personality traits
- low self esteem
- traditional beliefs about home,
family and female roles
- emotional dependence upon the
dominant male
- tendency to accept responsibility for
the batterer’s actions
- false hopes that the relationship will
improve
- cycle of violence
- phase 1: the tension building phase
- phase 2: the accute battering
incident
- phase 3: the tranquil, loving (or, at