IN DEFENSE OF SELF, FAMILY and OTHER CITIZENS


Many Filipinos in general and gun owners in particular are not familiar with Article 11 of the Revised Penal Code. Unless repealed, revised or revoked, the law says, and as paraphrased:

HERE ARE THE JUSTIFYING CIRCUMSTANCES AND OTHER CIRCUMSTANCES WHICH EXEMPT A CITIZEN FROM CRIMINAL LIABILITY. (So, unless you fully understand this law and you are prepared for the consequences in exercising defense through the use of a firearm, better give up your firearm. Firearms are not toys for the bravadoes. They are not intended to scare, but to kill. As gun manufacturer, we have an obligation to remind you about the laws of the land which protect (or not protect) your legal rights in times when you have to shoot a criminal in a defensive situation. We can only hope that our Law Enforcement Officers (LEO's) particularly the investigators in our country are familiar and have undergone stringent training and understanding in the enforcement of this Article 11. If not baka makulong ang isang law-abiding citizen sa pagtatanggol sa kanyang sarili at sa mga minamahal niya sa buhay.)

Art. 11. Justifying circumstances. The following do not incur any criminal liability:

1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

2. Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, 
provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this Article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.