CRIMINAL LAW REVIEWER FOR THE 2013 BAR EXAMS: Brilliancy Notes:In the case of People U. Batas, G.R. Nos. 84277-78, the Honorable Supreme Court held: A person who seeks justification for his act must prove by clear and convincing evidence the presence of the necessary justifying circumstance for having admitted wounding or killing his adversary, and he is criminally liable unless he is able to satisfy the Court that he acted in legitimate self-defense. For there to be legitimate self-defense, there must be three requisites as provided in paragraph 1 of Article 11 of the Revised Penal Code, namely: (1) unlawful aggression (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself. (People v. Batas) (2013 TACORDA BIDO BERNABE & DE LA VEGA NOTES/FILES 568 CRIM OLDIES BUT GOODIES)
Posted on: Sun, 11 Aug 2013 01:49:57 +0000
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