Lawyerly

GR No. 171284

2015-06-29

BERSAMIN, J.

Unlawful aggression as the condition sine qua non for upholding self-defense is aptly described in People v. Nugas,[21] as follows:Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.

GR No. 197546

2015-03-23

PEOPLE v. BAYANI DE LEON

PEREZ, J.

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.[16]

GR No. 205298

2014-09-10

LEOPOLDO QUINTOS Y DEL AMOR v. PEOPLE

CARPIO, ACTING C.J.

To escape liability, the accused must show by sufficient, satisfactory and convincing evidence that: (a) the victim committed unlawful aggression amounting to an actual or imminent threat to the life and limb of the accused claiming self-defense; (b) there was reasonable necessity in the means employed to prevent or repel the unlawful aggression; and (c) there was lack of sufficient provocation on the part of the accused claiming self-defense or at least any provocation executed by the accused claiming self-defense was not the proximate and immediate cause of the victim's aggression.[19]

GR No. 207818

2014-07-23

PEOPLE v. ALEX DE LOS SANTOS

REYES, J.

"The essence of treachery lies in the attack that comes without warning, and the attack is swift, deliberate and unexpected, and affords the hapless, unarmed and unsuspecting victim no chance to resist or escape, thereby ensuring its accomplishment without the risk to the aggressor, without the slightest provocation on the part of the victim. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate."[23]

GR No. 208678

2014-06-16

PEOPLE v. JEFFERSON WARRINER Y NICDAO

REYES, J.

Jefferson failed to discharge such burden. The records indicate the absence of an unlawful aggression which could be ascribed to Lou Anthony. It is settled that not every form or degree of aggression justifies a claim of self-defense. As the Court emphasized in People v. Nugas:[25]

GR No. 181753

2013-10-09

PEOPLE v. RAMON PLACER

BERSAMIN, J.

In People v. Nugas,[18] the Court has properly delineated the character of unlawful aggression as an indispensable element of self-defense in the following manner: x x x. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.

GR No. 198110

2013-07-31

PEOPLE v. WILSON ROMAN

REYES, J.

In People v. Nugas,[40] this Court expounded on the nature of unlawful aggression as the key element of self-defense:Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.

GR No. 188612

2012-07-30

PEOPLE v. DIOSDADO CAMAT

LEONARDO-DE CASTRO, J.

In the recent case of People v. Nugas,[45] we expounded on the essence of treachery in this manner: The essence of treachery lies in the attack that comes without warning, and the attack is swift, deliberate and unexpected, and affords the hapless, unarmed and unsuspecting victim no chance to resist or escape, thereby ensuring its accomplishment without the risk to the aggressor, without the slightest provocation on the part of the victim. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate. Treachery may also be appreciated when the victim, although warned of the danger to his life, is defenseless and unable to flee at the time of the infliction of the coup de grace.

GR No. 177743

2012-01-25

PEOPLE v. ALFONSO FONTANILLA Y OBALDO

BERSAMIN, J.

Unlawful aggression is of two kinds: (a) actual or material unlawful aggression; and (b) imminent unlawful aggression. Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury. Imminent unlawful aggression means an attack that is impending or at the point of happening; it must not consist in a mere threatening attitude, nor must it be merely imaginary, but must be offensive and positively strong (like aiming a revolver at another with intent to shoot or opening a knife and making a motion as if to attack). Imminent unlawful aggression must not be a mere threatening attitude of the victim, such as pressing his right hand to his hip where a revolver was holstered, accompanied by an angry countenance, or like aiming to throw a pot.[21]

GR No. 169084

2012-01-18

PEOPLE v. MELANIO DEL CASTILLO Y VARGAS

BERSAMIN, J.

In self-defense and defense of strangers, unlawful aggression is a primordial element, a condition sine qua non. If no unlawful aggression attributed to the victim is established, self-defense and defense of strangers are unavailing, because there would be nothing to repel.[22] The character of the element of unlawful aggression has been aptly described in People v. Nugas,[23] as follows: Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.

	GR No. 171284 2015-06-29	PEOPLE v. ALFREDO DULIN Y NARAG BERSAMIN, J.
Unlawful aggression as the condition sine qua non for upholding self-defense is aptly described in People v. Nugas,[21] as follows:Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.
	GR No. 197546 2015-03-23	PEOPLE v. BAYANI DE LEON PEREZ, J.
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.[16]
	GR No. 205298 2014-09-10	LEOPOLDO QUINTOS Y DEL AMOR v. PEOPLE CARPIO, ACTING C.J.
To escape liability, the accused must show by sufficient, satisfactory and convincing evidence that: (a) the victim committed unlawful aggression amounting to an actual or imminent threat to the life and limb of the accused claiming self-defense; (b) there was reasonable necessity in the means employed to prevent or repel the unlawful aggression; and (c) there was lack of sufficient provocation on the part of the accused claiming self-defense or at least any provocation executed by the accused claiming self-defense was not the proximate and immediate cause of the victim's aggression.[19]
	GR No. 207818 2014-07-23	PEOPLE v. ALEX DE LOS SANTOS REYES, J.
"The essence of treachery lies in the attack that comes without warning, and the attack is swift, deliberate and unexpected, and affords the hapless, unarmed and unsuspecting victim no chance to resist or escape, thereby ensuring its accomplishment without the risk to the aggressor, without the slightest provocation on the part of the victim. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate."[23]
	GR No. 208678 2014-06-16	PEOPLE v. JEFFERSON WARRINER Y NICDAO REYES, J.
Jefferson failed to discharge such burden. The records indicate the absence of an unlawful aggression which could be ascribed to Lou Anthony. It is settled that not every form or degree of aggression justifies a claim of self-defense. As the Court emphasized in People v. Nugas:[25]
	GR No. 181753 2013-10-09	PEOPLE v. RAMON PLACER BERSAMIN, J.
In People v. Nugas,[18] the Court has properly delineated the character of unlawful aggression as an indispensable element of self-defense in the following manner: x x x. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.
	GR No. 198110 2013-07-31	PEOPLE v. WILSON ROMAN REYES, J.
In People v. Nugas,[40] this Court expounded on the nature of unlawful aggression as the key element of self-defense:Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.
	GR No. 188612 2012-07-30	PEOPLE v. DIOSDADO CAMAT LEONARDO-DE CASTRO, J.
In the recent case of People v. Nugas,[45] we expounded on the essence of treachery in this manner: The essence of treachery lies in the attack that comes without warning, and the attack is swift, deliberate and unexpected, and affords the hapless, unarmed and unsuspecting victim no chance to resist or escape, thereby ensuring its accomplishment without the risk to the aggressor, without the slightest provocation on the part of the victim. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate. Treachery may also be appreciated when the victim, although warned of the danger to his life, is defenseless and unable to flee at the time of the infliction of the coup de grace.
	GR No. 177743 2012-01-25	PEOPLE v. ALFONSO FONTANILLA Y OBALDO BERSAMIN, J.
Unlawful aggression is of two kinds: (a) actual or material unlawful aggression; and (b) imminent unlawful aggression. Actual or material unlawful aggression means an attack with physical force or with a weapon, an offensive act that positively determines the intent of the aggressor to cause the injury. Imminent unlawful aggression means an attack that is impending or at the point of happening; it must not consist in a mere threatening attitude, nor must it be merely imaginary, but must be offensive and positively strong (like aiming a revolver at another with intent to shoot or opening a knife and making a motion as if to attack). Imminent unlawful aggression must not be a mere threatening attitude of the victim, such as pressing his right hand to his hip where a revolver was holstered, accompanied by an angry countenance, or like aiming to throw a pot.[21]
	GR No. 169084 2012-01-18	PEOPLE v. MELANIO DEL CASTILLO Y VARGAS BERSAMIN, J.
In self-defense and defense of strangers, unlawful aggression is a primordial element, a condition sine qua non. If no unlawful aggression attributed to the victim is established, self-defense and defense of strangers are unavailing, because there would be nothing to repel.[22] The character of the element of unlawful aggression has been aptly described in People v. Nugas,[23] as follows: Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without unlawful aggression, there can be no justified killing in defense of oneself. The test for the presence of unlawful aggression under the circumstances is whether the aggression from the victim put in real peril the life or personal safety of the person defending himself; the peril must not be an imagined or imaginary threat. Accordingly, the accused must establish the concurrence of three elements of unlawful aggression, namely: (a) there must be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least, imminent; and (c) the attack or assault must be unlawful.

PEOPLE v. MELANIO NUGAS Y MAPAIT