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If the 2nd requisite and 1st part of the 4th Held/Ratio: No. The attempt to rape a woman
requisite are absent, the case will fall under Art. constitutes an unlawful aggression sufficient to
365 which punishes reckless imprudence. put her in a state of legitimate defense which
will thus exempt her from criminal liability if, as
If the 1st requisite and 2nd part of the 4th the only means to protect her honor, she
requisite are absent, it will be an intentional wounds or kills the offender. However, in the
felony. present case, there could be no possibility of
her being raped. And the means employed by
3. Incomplete exempting her in defense of her honor, resulting in the
circumstance of uncontrollable fear. death of Amado, was clearly excessive. She
cannot be legally declared completely exempt
REQUISITES under par. 6 of Art. 12: from criminal liability. However three mitigating
a. That the threat which caused the fear circumstances such as: provocation producing
was of an evil greater than, or at least equal passion/obfuscation, inflicting only one wound
to, that which he was required to commit; intended to punish the offenders hand, and the
b. That it promised an evil of such fact that she immediately surrendered herself
gravity and imminence that an ordinary to the authorities, will work in her favor to
person would have succumbed to it. lessen the degree of punishment.