Strengthening the Definition of Self Defense

Senate or Office of the saccurtare TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 NOV 24 P7:47 SENATE RECEIVED BY: S. No. 1555 Introduced by SENATOR JUAN MIGUEL F. ZUBIRI AN ACT REVISING AND STRENGTHENING THE DEFINITION OF SELF DEFENSE, AMENDING FOR THE PURPOSE ARTICLE 11 OF ACT NO. 3815, OR THE REVISED PENAL CODE, AS AMENDED EXPLANATORY NOTE The events that transpired during the 21 September 2025 riots in Manila, where a watch technician fatally stabbed a minor amid a chaos and attempts to damage nearby establishments, once again underscore the difficult circumstances ordinary citizens may face when confronted with sudden violence. When asked by the authorities, the suspect explained that he only acted in a moment of panic at the time of the incident as was overwhelmed and was fearful for his safety and property. I While the legal process will determine the appropriate accountability, the tragedy shows how the natural fear for one's safety can drive individuals to act swiftly and instinctively in the face of sudden turmoil. This incident, along with similar cases in recent years, demonstrates the urgent need to reassess and strengthen the legal framework governing self-defense and the defense of one's home, property, and family. Ordinary Filipinos must not be placed at undue risk of criminal liability when responding to situations of clear and immediate unlawful aggression, especially when such aggression occurs in their homes, places of work, or means of transport. The right to defend one's person, family, and property is among the most fundamental rights guaranteed by law in civilized societies. This proposed measure seeks to strengthen the protection of law-abiding citizens when confronted with unlawful aggression, particularly when within the sanctity of their homes, places of work, or means of transport. Article 11 (1) of Act No. 3815, or the "Revised Penal Code," recognizes self-defense as a justifying circumstance exempting a person from criminal liability under certain conditions. Jurisprudence, however, has revealed recurring difficulties in its application, particularly in determining whether the means employed to prevent or repel unlawful aggression were reasonable and proportionate to the circumstances. As a result, individuals who acted in legitimate self-defense have often been subjected to criminal prosecution and prolonged litigation, even in cases where unlawful aggression was clearly initiated by the very person against whom force was necessarily employed. 1 https://www.facebook.com/ManilaPIO/posts/watch-technician-protecting-shop-fatally-stabs-teen- during-september-21-riotsman/1131628502484270/

While Articles 11 (1) and (3) of the Code expressly provide for self-defense and the defense of property or the rights of a stranger, their practical application has been ineffectual. The rigid statutory requisites have made it unduly burdensome for law- abiding citizens to successfully invoke these defenses, even when confronted with situations leaving them no choice but to employ force to protect themselves, their families, their property, or their homes. As the law now stands, to raise these defenses, one must prove by clear and convincing evidence the concurrence of the following requisites: (a) unlawful aggression, (b) reasonable necessity of the means employed to prevent or repel it, and (c) the person defending is not induced by revenge, resentment, or other evil motive. The absence of either of the last two (2) requisites necessarily leads to conviction. The proposed amendment is timely and necessary. Rising concerns about home invasions, lootings, vehicular assaults, road rages, and robberies highlight the need to empower citizens with a clear legal shield when forced to protect themselves, their loved ones, or their property against imminent threats. Finally, this bill affirms the State's recognition of the sanctity of the home and the right of Filipinos to feel safe within their dwellings, vehicles and workplaces. In view of the foregoing, the immediate passage of this bill is earnestly sought. JUAN MIGUEL F. ZUBIRT

Sultait TWENTIETH CONGRESS OF THE Offier of the secretary REPUBLIC OF THE PHILIPPINES First Regular Session 25 NOV 24 P7:48 SENATE RECEIVED BY: 1555 S. No. _ Introduced by SENATOR JUAN MIGUEL F. ZUBIRI AN ACT REVISING AND STRENGTHENING THE DEFINITION OF SELF DEFENSE, AMENDING FOR THE PURPOSE ARTICLE 11 OF ACT NO. 3815, OR THE REVISED PENAL CODE, AS AMENDED Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. - Article 11 of Act No. 3815, otherwise known as the "Revised Penal

2 Code," as amended, is hereby further amended as follows: "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. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by 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 provocation was given by the person attacked, that the one making defense had no part therein.

2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by 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 provocation was given by the person attacked, that the one making defense had no part therein. 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 an 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. 7. ANY PERSON WHO, IN THE LAWFUL EXERCISE OF THEIR RIGHT OF HABITATION, EMPLOYMENT, OR TRANSPORTATION, EMPLOYS FORCE AGAINST ANOTHER WHO UNLAWFULLY ENTERS, ATTEMPTS TO ENTER, OR HAS ENTERED HIS DWELLING, VEHICLE, OR PLACE OF BUSINESS, SHALL NOT INCUR ANY CRIMINAL LIABILITY, PROVIDED THE FOLLOWING CIRCUMSTANCES CONCUR: 1) THERE IS UNLAWFUL AND FORCIBLE ENTRY, OR ATTEMPTED UNLAWFUL AND FORCIBLE ENTRY, BY THE PERSON AGAINST WHOM FORCE WAS USED;

2) THE PERSON ACTING IN DEFENSE IS WITHIN THEIR DWELLING PLACE, VEHICLE, OR PLACE OF BUSINESS AT THE TIME OF THE UNLAWFUL ENTRY OR ATTEMPT; 3) THE PERSON AGAINST WHOM FORCE WAS USED WAS COMMITTING, OR ATTEMPTING TO COMMIT, AN UNLAWFUL ACT INVOLVING FORCE, VIOLENCE, OR THREAT TO LIFE, LIMB, OR PROPERTY OF THE PERSON ACTING IN DEFENSE; 4) THE PERSON ACTING IN DEFENSE EMPLOYS FORCE TO PREVENT, REPEL OR TERMINATE THE UNLAWFUL ACT INVOLVING FORCE, VIOLENCE, OR THREAT TO HIS LIFE, LIMB, OR PROPERTY. PROVIDED THAT, THE ACT OF UNLAWFUL AND FORCIBLE ENTRY SHALL GIVE RISE TO A LEGAL PRESUMPTION THAT THE PERSON AGAINST WHOM FORCE WAS USED IS COMMITTING UNLAWFUL AGGRESSION. THE PERSON ACTING IN DEFENSE SHALL BE IMMUNE FROM CRIMINAL AND/OR CIVIL LIABILITY FOR INJURIES OR DEATH INFLICTED UPON THE PERSON AGAINST WHOM FORCE WAS USED, UNLESS IT IS PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT: 1) THE PERSON ACTING IN DEFENSE KNEW NO UNLAWFUL AGGRESSION EXISTED; 2) THE PERSON ACTING IN DEFENSE WAS ENGAGED IN UNLAWFUL ACTIVITY AT THE TIME OF THE INCIDENT; 3) THE PERSON AGAINST WHOM FORCE WAS USED IS ENGAGED IN LAWFUL ACTIVITY OR IS IN THE PERFORMANCE OF OFFICIAL DUTY AT THE TIME OF THE INCIDENT; 4) THE PERSON AGAINST WHOM FORCE WAS USED IS A LAWFUL OCCUPANT, CO-OWNER, OR OTHERWISE HAS A LEGAL RIGHT OF ENTRY; OR 5) THE PERSON ACTING IN DEFENSE INTENTIONALLY PROVOKED, INSTIGATED, OR FACILITATED THE UNLAWFUL ENTRY FOR THE PURPOSE OF USING FORCE.

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Sec. 2. Separability Clause. - If any part or provision of this Act is held

unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. 3. Repealing Clause. - All laws, decrees, orders, and issuances, or portions

thereof which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

Sec. 4. Effectivity, - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,