This case has been cited 4 times or more.
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2012-06-13 |
BRION, J. |
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| The existence of unlawful aggression is the basic requirement in a plea of self-defense.[10] In other words, no self-defense can exist without unlawful aggression since there is no attack that the accused will have to prevent or repel.[11] In People v. Dolorido,[12] we held that unlawful aggression "presupposes actual, sudden, unexpected or imminent danger not merely threatening and intimidating action. It is present 'only when the one attacked faces real and immediate threat to one's life.'" The unlawful aggression may constitute an actual physical assault, or at least a threat to inflict real imminent injury upon the accused.[13] In case of a "threat, it must be offensive and strong, positively showing the x x x intent to cause injury."[14] | |||||
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2009-10-23 |
QUISUMBING, J. |
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| Although all three elements must concur, self-defense must rest on proof of unlawful aggression on the part of the victim.[13] The requisite of unlawful aggression is indispensable. There can be no self-defense unless it is proven that there had been unlawful aggression on the part of the person injured or killed by the assailant.[14] If no unlawful aggression has been proved, no self-defense may be successfully pleaded, whether complete or incomplete.[15] | |||||
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2006-09-27 |
CHICO-NAZARIO, J. |
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| Third. Lack of sufficient provocation on the part of the person defending himself. As an element of self-defense, unlawful aggression refers to an assault or attack, or a threat thereof in an imminent and immediate manner, which places the defendant's life in actual peril.[32] It is an act positively strong showing the intent of the aggressor and not merely a threatening or intimidating attitude. [33] It is also described as a sudden and unprovoked attack of immediate and imminent kind to the life, safety or rights of the person attacked.[34] | |||||
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2006-09-12 |
CHICO-NAZARIO, J. |
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| As an element of self-defense, unlawful aggression refers to an assault or attack, or a threat thereof in an imminent and immediate manner, which places the defendant's life in actual peril.[31] It is an act positively strong showing the wrongful intent of the aggressor and not merely a threatening or intimidating attitude. [32] It is also described as a sudden and unprovoked attack of immediate and imminent kind to the life, safety or rights of the person attacked.[33] | |||||