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Article 11. Justifying circumstances. - The following do not

incur any criminal liability:

4. Any person who, in order to avoid an evil or injury, does an 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.

* “in avoidance of greater evil”

- there must be a greater evil being avoided
- FIRST: If evil sought actual exists
- NOT PRESENT: if evil is merely expected or
anticipated or may happen in the future
- greater evil should not be brought about by
the negligence or imprudence of the actor
- greater evil trying to be avoided must not
result from unlawful act.
- e.g. a thief stealing clothes to hide
identity from cops.

* ”in avoidance of greater injury”

- there must be a greater injury being
avoided
- a driver choosing to run over a
person instead of killing self in a cliff.
- SECOND: that the injury feared be greater
than that done to avoid it
- the instinct of self preservation will
always make one feel that his own
safety is of greater importance than
that of another

--------------------------------------------------------- * “causes damages to another”

- covers injury to persons and damage to
4 elements/requisites for property to avoid greater injury
justifying circumstances in - THIRD: That there be no other practical and

causing damage to another in less harmful means of preventing it aside by

causing damage to another.
avoidance of greater evil or
injury
1. that the evil sought to be avoided actually exists

CIVIL LIABILITY
2. that the injury feared be greater than that done to
avoid it
3. that there be no other practical and less harmful • In general NO CIVIL LIABILITY incurred as well in justifying
means of preventing it.

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