Self-defense - Unlawful aggression refers to an assault to attack, or threat in an imminent and immediate manner, which places the defendant’s life in actual peril. Mere threatening or intimidating attitude will not suffice. There must be actual physical force or actual use of weapon.

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BAYANI DE LEON, ANTONIO DE LEON, DANILO DE LEON and YOYONG DE LEON, Accused-Appellants. G.R. No. 197546, March 23, 2015.


"X x x.

Before us is a reversed trial. As one of the accused-appellants, Antonio, pleaded self-defense, he admitted authorship of the crime. At this juncture, the burden of proof is upon the accused-appellants to prove with clear and convincing evidence the elements of self-defense: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel the attack; and (3) lack of sufficient provocation on the part of the person defending himself, which the defense failed to discharge. [People v. Placer, G.R. No. 181753, 9 October 2013, 707 SCRA 199, 207].

Unlawful Aggression

Unlawful aggression refers to an assault to attack, or threat in an imminent and immediate manner, which places the defendant’s life in actual peril. Mere threatening or intimidating attitude will not suffice. There must be actual physical force or actual use of weapon. [People v. Nugas, G.R. No. 172606, 23 November 2011, 661 SCRA 159, 167-168].

Applying the aforesaid legal precept, Emilio’s act of pulling "something" out from his jacket while he was three (3) to four (4) meters away from accused-appellant Antonio cannot amount to unlawful aggression. Neither can the act of pulling "something" out amount to physical force or actual use of weapon, or even threat or intimidating attitude. Even if accused-appellant Antonio’s account of the incident is truthful, that Emilio had motive to kill accused-appellant Antonio, giving accused-appellant reasonable grounds to believe that his life and limb was in danger, and that the "something" was indeed a "sumpak", it can hardly be recognized as unlawful aggression to justify self-defense. [People v. Bayocot, 256 Phil. 27, 34-35 (1989)]. There is no showing that accused-appellant Antonio’s life was in peril by the act of pulling "something" out. As correctly observed by the Court of Appeals, "it must be noted that appellant never said that Emilio aimed or pointed the "sumpak" at him or at least made an attempt to shoot him". The threat on accused-appellant Antonio’s life is more imagined than real. As we already held in a catena of cases, the act of pulling "something" out cannot constitute unlawful aggression. [People v. Anies, 203 Phil. 332, 351 (1982)]. Accused-appellant Antonio cannot allege that it was Emilio who instigated the incident; that Emilio’s fate was brought about by his own actuations. There is no sufficient provocation, nay, provocation at all in the act of pulling "something" out.

X x x."

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Read also:

1] Guevarra, et al. v. People, 726 Phil. 183, 194 (2014); People v. Fontanilla, 680 Phil. 155, 165 (2012).

[2] Dela Cruz v. People, et al., 747 Phil. 176, 384-385 (2014).

[3] Oriente v. People, 542 Phil. 335, 347 (2007).

[4] People v. Enrique Reyes (G.R. No. 224498, January 11, 2018).

[5] People v. Enrique Reyes (G.R. No. 224498, January 11, 2018).

[6] People v. Enrique Reyes (G.R. No. 224498, January 11, 2018).