Below is a comprehensive discussion of “Defense of Relatives” under Philippine law, focusing on the scope and meaning of consanguinity within the fourth civil degree, relevant statutory provisions, and important legal nuances.

1. Legal Basis under the Revised Penal Code

Under Article 11 of the Revised Penal Code (RPC) of the Philippines, certain circumstances render an accused free from criminal liability. These are referred to as justifying circumstances. One such justifying circumstance is defense of relatives, found in Article 11(2), which provides that a person incurs no criminal liability if he:

“...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 by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance (on self-defense) 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.”

In simpler terms, a person who lawfully defends a qualifying relative may be justified (and thus not criminally liable) if certain legal requirements are met.

2. Coverage: Consanguinity Within the Fourth Civil Degree

2.1. Measuring Civil Degrees

The term “within the fourth civil degree of consanguinity” pertains to how close or distant two individuals are by blood. Under Philippine law (following the Civil Code rules on determining degrees of relationship):

Count each generation as one degree.
For direct line (e.g., parent-child-grandchild), each generation up or down is one degree.
For collateral line (e.g., siblings, cousins, nephews, aunts/uncles), you:
- Ascend from one person to the common ancestor,
- Then descend from the common ancestor to the other person,
- The total number of steps is the “degree of relationship.”

The fourth civil degree of consanguinity includes:

Siblings (2nd degree),
Uncles/Aunts and Nephews/Nieces (3rd degree),
First Cousins (4th degree).

Example (First Cousins)
Person A → (1) Parent → (2) Grandparent → (3) Parent of Cousin → (4) Cousin.
Thus, first cousins are within the 4th degree and included under the law.

Relatives beyond first cousins (e.g., second cousins, who are in the 6th degree) are generally not covered by this provision on defense of relatives.

2.2. Relatives by Affinity

The law also covers “relatives by affinity in the same degrees.” Typically, “affinity” refers to in-laws (e.g., father-in-law, brother-in-law, etc.) up to the same degrees mentioned. In actual practice, the wording means that a person can lawfully defend not only consanguine (blood) relatives but also certain in-laws, provided the relationship is within those same degrees.

3. Requisites for Defense of Relatives

The law incorporates the same basic requisites found in self-defense (Article 11(1) of the RPC) but adjusts them slightly to accommodate the relationship context. The following conditions must be present:

Unlawful Aggression.
There must be a real, imminent threat or actual act of aggression on the relative being defended. Without unlawful aggression, there is nothing to repel, and defense of relatives does not apply.
Reasonable Necessity of the Means Employed.
The force or means used in defense must be proportionate to the nature and seriousness of the unlawful aggression. Excessive or clearly disproportionate force negates this justifying circumstance.
Lack of Provocation on the Part of the Person Defending (or lack of participation in the provocation).
- The person claiming “defense of relatives” must not have provoked the initial unlawful aggression.
- Special note: If the one being defended (the relative) provoked the aggressor, the defender must show he had no part in the provocation or aggression. It is not required that the attacked relative be completely free from fault, but the defender himself must not share in that provocation.

When these requisites are satisfied, the one acting in defense of his relative is deemed to have committed no crime.

4. Importance of the Relative’s Fault or Provocation

An added nuance is how the courts treat the relative’s own conduct. The law’s wording indicates that even if the relative being defended was the original provoker, the defense may still be justified so long as the defender had no complicity in that provocation. Philippine jurisprudence upholds that the defender’s innocence in triggering the confrontation is critical—he must be purely coming to the rescue or protection of a relative faced with unlawful aggression.

5. Policy Considerations

Why does the law extend protection up to the fourth civil degree of blood relationships?

Closer Family Ties. Philippine culture places high value on family. Relatives within the fourth degree (including first cousins) typically share close familial bonds.
Reasonable Boundaries. Beyond the fourth degree, relationships become more distant. The legislature sets a legal limit to avoid unbridled escalation of personal or clan-based conflicts.

6. Illustrative Hypothetical Examples

Defense of a Sibling (2nd Degree):
- If a brother is suddenly attacked, and you step in to defend him using necessary and reasonable force, you can invoke defense of relatives, provided there was unlawful aggression and you did not provoke the attacker.
Defense of a First Cousin (4th Degree):
- If your first cousin is assaulted at a family gathering, you protect her from an immediate threat. So long as the threat was real, your method of defense proportionate, and you did not instigate the confrontation, you may be shielded by defense of relatives.
Participation in the Provocation Invalidates the Defense:
- If your brother starts the fight by throwing the first punch and you eagerly join in, you cannot claim you were purely defending your brother if you actively contributed to the unlawful aggression.

7. Judicial Scrutiny and Burden of Proof

As with other justifying circumstances, the burden of proving all the elements of defense of relatives falls on the accused, who must establish the presence of each requisite by clear and convincing evidence. Courts carefully scrutinize:

The immediacy and reality of the aggression,
Whether the reaction was commensurate,
The absence of contribution to the provocation.

Failing to prove any one of these can lead to criminal liability.

8. Key Takeaways

Statutory Anchor: The justifying circumstance for defense of relatives is codified in Article 11(2) of the Revised Penal Code.
Scope of Relationship: It covers spouses, ascendants, descendants, siblings (legitimate, natural, or adopted), and other relatives—whether by affinity or consanguinity—up to the fourth civil degree.
Essential Elements:
- Existence of unlawful aggression,
- Reasonable necessity of the means employed to repel it,
- No participation by the defender in provoking the aggression (even if the actual relative being defended provoked it, the defender must be free from fault).
Family-Centric Justification: Aligns with the Filipino cultural emphasis on family, but draws the line at relatives beyond the fourth degree.
No Criminal Liability: If all requisites are met, the actor is deemed to have acted lawfully and thus has no criminal responsibility.

Final Note

In Philippine criminal law, defense of relatives serves to protect lawful and reasonable acts of rescue within the bounds of family ties. While the law upholds a strong tradition of familial defense, it also imposes strict criteria—particularly the presence of unlawful aggression and a proportionate response. By limiting application to consanguinity within the fourth civil degree (and the same degrees by affinity), legislators balance the protection of close-knit familial relationships with preventing overly expansive claims of justification for distant or tangential familial links.