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what if a minor 1st started the fight & get beaten up.

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rhonskull


Arresto Menor
gud day to you atty...just wanna ask something lng po.what if... a 16yrs old minor was the first to initiate a fight,first to throw punch(s) to a 25yrs old guy w/c has no other choice but to defend himself, also throw punches.but in the end the minor got beaten up.

my question is:
if the minor filed a case of physical injury in rel. to R.A. 7610 and the other guy filed only physical injury? dont you think that the minor will have a slight penalty against the other guy eventhough the minor first initiated the fight? ika nga po eh mas mabigat ang kaso kasi minor un nkaaway or nasaktan.eh hindi nmn po pede itanong muna kung ilang taon na un kaaway ,tpos pag minor eh wag nlng pong gumanti kc makakasuhan ng R.A.7610.. sa panahon po kasi ngayon eh mas maraming kabataan ang mapaghanap ng gulo kesa sa mga taong nasa tamang edad na.

hope you could answer my question.
thank very much po

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rollie002


Arresto Mayor
this seems a case of self defense.

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.

if any of the circumstances is absent, it is mitigated. the question is how did the older react to the aggression of the minor.

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rhonskull


Arresto Menor
thanks po for you reply..the older guy reacted by throwing 2punches at the barrage of punches given by the minor w/c has resulted in a cut in his eyes.(basically the older guy is much bigger & stronger than the minor).ang problem po kasi eh tahimik na nglalakad pauwi un older guy tpos npagtripan ng lasing na minor.tpos magkakakaso pa.sakit dw po sa ulo ng abala at gastos.ganun po ba tlga ang kahihinatnan ng kaso?

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rollie002


Arresto Mayor
if the older guy only threw 2 punches and nothing else, his act was justified and is not criminally liable, the state cannot protect all of its people from any unlawful aggression, that is why a self defense is allowed provided that the 3 circumstances i mentioned before concurred. It not the question of who is stronger or who is bigger, the question is the way he defended himself. And as you have said he only threw 2 punches to defend himself, and that can be a valid self defense

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attyLLL


moderator
your friend should get a medico-legal certificate to prove his own injuries.

i am sure the 16 year old will have a different version of the events.


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rhonskull


Arresto Menor
salamat po sa mga reply nyo.god bless to you all.

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