Beyond self-defense, the Revised Penal Code recognizes two related justifying circumstances: defense of relatives and defense of strangers. When these are present, the actor incurs no criminal liability because the act is justified. Defense of relatives justifies defending the person or rights of certain relatives (such as a spouse, ascendants, descendants, or siblings, and relatives within the degree the law specifies) and requires: unlawful aggression by the victim; reasonable necessity of the means employed to prevent or repel it; and, in case the provocation was given by the person attacked, that the one making the defense had no part in it. Defense of strangers justifies defending the person or rights of a stranger and requires: unlawful aggression; reasonable necessity of the means employed; and that the person defending was not induced by revenge, resentment, or other evil motive. In all these, as in self-defense, unlawful aggression is the indispensable requisite; without it, there is nothing to defend against and the justifying circumstance cannot apply. These circumstances reflect that the law does not require a person to stand by while a relative or even a stranger is unlawfully attacked, provided the defense is reasonable and not driven by an evil motive.
Two Justifying Circumstances
Beyond self-defense, the law justifies defense of relatives and defense of strangers — the actor incurs no criminal liability because the act is justified.
Defense of Relatives
- Unlawful aggression by the victim;
- Reasonable necessity of the means employed; and
- If the relative provoked it, the defender had no part in the provocation.
Defense of Strangers
Requires unlawful aggression, reasonable necessity of the means, and that the defender was not induced by revenge, resentment, or evil motive. In all, unlawful aggression is indispensable — without it, the defense cannot apply.
Practical Takeaways
- You may lawfully defend relatives and even strangers, not just yourself;
- Unlawful aggression is the indispensable requisite;
- Defense of strangers must not be driven by an evil motive.
Frequently Asked Questions
Can I be justified in defending someone else? Yes. The law recognizes defense of relatives and defense of strangers as justifying circumstances, so defending another under the required conditions incurs no criminal liability.
What are the requisites of defense of relatives? Unlawful aggression by the victim, reasonable necessity of the means employed to repel it, and, if the relative provoked the attack, that the one making the defense had no part in the provocation.
What are the requisites of defense of strangers? Unlawful aggression, reasonable necessity of the means employed, and that the person defending was not induced by revenge, resentment, or other evil motive.
Is unlawful aggression always required? Yes. As in self-defense, unlawful aggression is the indispensable requisite. Without it, there is nothing to defend against and the justifying circumstance cannot apply.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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