Wednesday, January 25, 2006

Defense Of A Relative

Aside from unlawful aggression and reasonable necessity to repel the aggression, it is important to note the relationship covered under the circumstances. The person defended is only regarded as a relative within the relationship of 1st cousin. Any relationship farther than this, are regarded as strangers already. If accused acted in defense of a 2nd cousin who is the object of an unlawful aggression, it is already a defense of strangers.

In defense of relatives, there are only two requirements that are must:
(a) Unlawful aggression
(b) reasonable necessity
The third requirement is conditional, if the provocation came to the relative being attacked, that the one making the defense had no part therein.

Observing the relationship is decisive because if defense is no longer defense of relatives but strangers, though there is reasonable necessity on the means emplyed, if the prosecution could prove that the accused was motivated by resentment or evil motive, his act can no longer be justified as a defense of a relative. It will only bring about incomplete justification. It would mean a privileged mitigating only.

On the other hand, if it is properly a defense of relatives, even if the prosecution could prove that he was motivated by evil motive or resentment, that is immaterial because it is not a requisite in defense of relatives.

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