This case has been cited 1 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| While we find credible the testimony of defense witness Azur that appellant reported Mercado's grudge against appellant and that appellant and Mercado were shouting angrily at each other, we cannot accept the assertion that a grudge and heated exchange of words are sufficient reasons to justify appellant's shooting of the victim three times. We have ruled before that neither an imagined impending attack nor an intimidating or threatening attitude is sufficient to constitute unlawful aggression.[19] The records of this case reveal that when the victim was shot first, he was sitting on a chair, fiddling with his cellular phone. Witness Azur categorically testified that when he saw appellant shoot Mercado the first time, Mercado was indeed seated on a chair tinkering with his cellular phone. According to Azur, appellant shot the victim thrice. The first hit the chair; the second, the victim's chest; the third, his back. Moreover, in his sworn statement, Azur stated it was appellant who dared the victim, "Paltogan kan to pay" [20] (You want me to shoot you?) and uttered, "Agpayso"[21] (That's true). Unlawful aggression presupposes an actual, sudden, and unexpected attack, or imminent danger.[22] In our view, the evidence on record debunks appellant's assertion that there was unlawful aggression on the part of the victim. | |||||