Legal Basis
The primary legal basis for self-defense is found in Article 11, paragraph 1, of the Revised Penal Code of the Philippines.
Essential Requisites
To successfully claim self-defense, the following three elements must be present:
Unlawful Aggression: This is the most crucial element. There must be an actual, imminent, and unlawful threat to a person's life, limb, or rights. A mere threat or insult is generally not sufficient; there must be a real danger.
Reasonable Necessity of the Means Employed to Prevent or Repel It: The means used for defense must be proportionate to the threat. Excessive force is not justified. The law requires a reasonable correlation between the danger faced and the defensive actions taken.
Lack of Sufficient Provocation on the Part of the Person Defending Themselves: The person claiming self-defense must not have provoked the aggressor. If the defender initiated the conflict, the claim of self-defense may be invalidated.
#self-defense #unlawfulaggression #provocation #PHLaw #CriminalLaw
