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PEOPLE v. MARCELO ALETA ALETA

This case has been cited 3 times or more.

	GR No. 206381 2015-03-25	PEOPLE v. DANIEL MATIBAG Y DE VILLA PERLAS-BERNABE, J.
Among the foregoing elements, the most important is unlawful aggression. It is well-settled that there can be no self-defense, whether complete or incomplete, unless the victim had committed unlawful aggression against the person who resorted to self-defense.[31] Jurisprudence states that not every form or degree of aggression justifies a claim of self-defense.[32] For unlawful aggression to be appreciated, there must be an actual, sudden, and unexpected attack or imminent danger thereof, not merely a threatening or intimidating attitude,[33] as against the one claiming self-defense.
	GR No. 212565 2015-02-25	PEOPLE v. BENJAMIN CASAS Y VINTULAN PERLAS-BERNABE, J.
Preliminarily, Casas failed to prove any unlawful aggression on the part of either Joel or Eligio, which is a condition sine qua non for the justifying circumstance of self-defense to obtain. As case law puts it, there can be no self-defense unless the victim committed unlawful aggression against the person who resorted to self-defense.[27] As shown by the records, it was Casas who was actually the aggressor, as he was the one who wielded a knife, brought it to bear on Eligio, then on Joel as he lay prostrate, and again on Eligio as he was fleeing.[28] Being the party initiating the attack, and overbearing with a deadly weapon, Casas cannot successfully claim that there was unlawful aggression. Verily, for unlawful aggression to be appreciated, there must be an actual, sudden and unexpected attack or imminent danger thereof, not merely a threatening or intimidating attitude,[29]as against the one claiming self-defense. Evidently, the contrary happened in this case.
	GR No. 205298 2014-09-10	LEOPOLDO QUINTOS Y DEL AMOR v. PEOPLE CARPIO, ACTING C.J.
Both petitioner and Pedro also testified that Pedro hacked Freddie in defense of their brother Lando.[20] The defense of relatives argument likewise fails in light of the lack of unlawful aggression on the part of the victims. For the accused to be entitled to exoneration based on defense of relatives, complete or incomplete, it is essential that there be unlawful aggression on the part of the victim, for if there is no unlawful aggression, there would be nothing to prevent or repel.[21]