Practice question
A sister provokes a confrontation, but an aggressor then unlawfully attacks her. Her brother, who had no part in the provocation, uses reasonably necessary defensive means. All remaining Article 11(2) requirements are established. Which is best?
- The brother necessarily loses because he has a sibling.
- The brother must have provoked the attack to qualify.
- Family provocation always transfers automatically to every relative.
- Her provocation alone does not defeat his defense where the stated nonparticipation condition is met.
- No relative may ever defend another.
Legal references
- Revised Penal Code, Article 11(2)-(3), defense of relatives and strangers: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
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