Ease With Legalese: Invoking a Valid Self-Defense

"It is good that we may be freed from criminal and civil liabilities; but it is always better to be cautious and prudent to avoid unfortunate events, or at least minimize inevitable circumstances; and it is best to know the law and our vested rights and obligations in order that we may apply well the common sense God has planted in every one of us and develop it into wisdom."

 

A playmate throwing his hand upwards, then Gigi suddenly fling her Chun Li stunt at his chest.

A brother foot-kicks Juan, then Juan suddenly gives his brother a clout.

A friend shocked you from behind, then you grab his shirt and spat him hard.

A suspicious looking guy leans at Roy while in a crowded train, then Roy suddenly lands a whack at his back.

Many times we say or hear the words, “What I did was just a self-defense.” And we think we are already justified. Our guilt would just evaporate and we then feel relieved.

The concept of self-defense has become very popular to us, that even children use them as an excuse to justify their behaviors. We think self-defense is, as the word says it, a measure to protect ourselves.

I remember when I was in college, friends belonging to fraternities even bring their pipes or clubs, or even ballpens, to use as their “self-defense” tool.

In the language of law, self-defense is man’s natural instinct to protect himself, repel an attack of aggression, and a lawful means to save himself, his property, or right from impending danger. Self-defense is treated by law as an act justifying our [supposed to be] punishable act but due the concept of self-preservation incurs no criminal liability. Self-preservation is a basic impulse born to every man and part of his nature as human being.

But using self-defense as a justification for our actions is not as simple as we think it is.

Invoking self-defense as a rationalization for the act requires one to admit that he really committed the supposed to be punishable act.

It is incumbent upon the one who defended himself/ his property or right/ another person to prove by clear and convincing evidence that he acted in honest defense, meaning his act is free from any vestige of deliberate or planned aggression. It is also important to note that self-defense is different from retaliation. As in retaliation,the aggression that was begun by the offended person already ceased when he (accused) attacked him back. While in self-defense, aggression begun by the offended party was still existing when he (accused) protected himself.

                                                                   Hence, it is very important to prove that:

1. There was unlawful aggression by the offended person;

2. There was reasonable necessity of the means you used in preventing or repelling the unlawful aggression; and

3. You did not provoke the person who attacked you

All these three elements must concur to establish that your act was really based on self-defense.

There are still other things that one should consider to establish his act of self-defense. Among them is that the aggression done to you must be in the nature of immediate and imminent danger. One may also point out where he hit the person and what tool or means he used relative to the means by which other person used to attack him first, and the degree of force you employed.

However, since one has to admit that he committed an injury to the other person as a result of his self-defense, if he is not able to sufficiently prove that he acted in lawful defense, then he will be held liable for the injury suffered by the offended party.

But if he is able to establish a clear and convincing proof, the law recognizes his act as justified and he deemed not to transgress the law, hence, free from both criminal (restriction of liberty or imprisonment, fines) and civil (eg. hospital fee, damages) liabilities.

It is good that we may be freed from criminal and civil liabilities; but it is always better to be cautious and prudent to avoid unfortunate events, or at least minimize inevitable circumstances; and it is best to know the law and our vested rights and obligations in order that we may apply well the common sense God has planted in every one of us and develop it into wisdom.

Law of society, law of nature, Divine Law… you can do well with common sense.

PS: I hope this article helps you somehow to better understand the concept of a valid “Self-Defense” as provided by the provision of the law (Paragraph 1, Article 11 of the Revised Penal Code). This is my first installment on my series of “Ease in Legalese” write-ups—my simple way of sharing what the law says in a laymanized manner so more people will be acquainted with our law and appreciate and exercise its provisions for their benefit, and incidentally, for the benefit of others as well.