This case has been cited 2 times or more.
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2002-01-17 |
YNARES-SANTIAGO, J. |
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| In People v. Caguing,[7] we held:For such posture to be properly appreciated, there should be a necessity in both the action taken as well as in the means used, and the latter depends on whether the aggressor himself was armed, the nature and quality of the weapon used, and the physical conditions and sizes of both the aggressor and the person defending himself. Undoubtedly, it is true that the victim had a knife and accused-appellant had a gun, his shooting the victim may not be justified as accused-appellant could not have been in any real danger of his life. The knife was no match to the home-made handgun of accused-appellant and, in fact, there is no evidence that accused-appellant sustained any injuries evincive of an aggression which would justify his firing the gun to protect himself. Thus, the shooting was unwarranted and was an unreasonable act of violence, even as a means of defense, under the circumstances. Moreover, accused-appellant left his victim and did not even bother to report the matter to the proper authorities. In this light, the justifying circumstance of self-defense may not survive in the face of accused-appellant's flight from the crime scene, and his failure to inform the authorities of the incident. Too, no knife was found in the crime scene, thus negating his tale of a second aggression. | |||||
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2002-01-15 |
YNARES-SANTIAGO, J. |
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| All of these, and the incredibility of petitioner's account when compared with the physical evidence, belie self-defense. From the established facts, it can be plainly gleaned that there was no unlawful aggression on the part of the deceased. What merely transpired before petitioner's gun went off was a heated exchange of words between the protagonists. This does not qualify as unlawful aggression. Unlawful aggression presupposes an actual, sudden, and unexpected attack, or imminent danger thereof. The person defending himself must have been attacked with actual physical force or with actual use of weapon.[11] | |||||