NOT an Unlawful Aggression Unlawful Aggression Not an Aggression at All Real/Actual or imminent peril to ones Life, Limb and

d Right o Peril to ones limb usually refers to physical injuries o Right also includes right to chastity and right to property Offensive and positively strong threat that shows wrongful intent to cause injury Consistent threat in one sitting that shows wrongful intent to cause injury Attack with fist blows (imperil ones safety from physical injuries, i.e., peril to ones limb) Slap in the face (face represents a person and his dignity; hence, a slap in the face imperils ones dignity, rights and safety Even if the attackers weapon has been wrested from him but he continues to attack the person defending himself by any means; in this case, there is a continuing aggression When a person is about to strike another with fist blows or about to hack, that is, raising the bolo as if to strike (take note: this must be an overt act) If it is clear that the purpose of the aggressor in retreating is just to take a more advantageous position to ensure that success of the attack he already started, the unlawful aggression is continuing But even if the fight is agreed upon, when the aggression is ahead of the stipulated time and place, the aggression is unlawful Oral threats Threatening stance or posture Threatening or intimidating attitude Insulting words without physical assault Light push on the head with the hand Mere push or shove Mere belief of an impending attack Foot-kick greeting If the attacker has stopped the attack, surrendered or fled; in this case, the aggression has ceased to exist and any attack on the part of the person defending, thereafter, becomes a retaliation If the attackers weapon has been wrested from him; provided that he stopped from attacking the person defending by any means; in this case, the aggression has ceased to exist and any attack on the part of the person defending, thereafter, becomes a retaliation (take note, however, that other circumstances may be considered such as the criminal record of the attacker) If a person, merely carrying a bolo, ran madly towards the attacker (take note: in this case, he was just merely holding the bolo) If the fight was concerted or agreed Lawful Aggression

Police throwing stones at an offender eluding arrest for a crime committed in the presence of the police; on the part of the offender, if he wrest back at the police and hurt or killed the police, he cannot claim self-defense for the polices aggression was lawful Police aiming his gun directly at an escaping detainee after firing five cautionary shots into the air Owner of property using force or violence to protect his/her property from being taken away, illegally, even if the taker is a public officer

 Attempt, at the very least, to rape a woman Placing of hand on the womans upper thigh Stealing or destroying a property with attack on the person owning or who is entrusted of the property Reason: Defense of property is not of such importance as right to life (Pp. v. Apolinar) Unlawful entry to anothers house (special case or exception to general rule on Defense of Property) o Armed + Assault o Armed + even No Assault o Unarmed + Assault o Unarmed + No Assault (no aggression here but self-defense is justified because house is sacred) If the person defending himself believe that there was an unlawful aggression by the injured party (even if the latter is only holding a toy gun and intended just to scare the defender but rushes towards the defender as if to kill him) provided that the belief if reasonable When intent to attack is clear, merely picking up a weapon is an unlawful aggression Brandishing a knife as if to stab the victim Aiming a gun with intent to shoot

upon No unlawful aggression to a person who voluntarily joined a fight Merely stealing or destroying a property Aggression born out of imagination or paranoia Aiming to throw a pot (mere threatening attitude) Cocking a gun

Second Element: Reasonable Necessity of the Means Employed to Prevent or Repel the Unlawful Aggression Must consider: o place and occasion of the assault o darkness of the night o time to think of the course of action to take and what means to employ o means used by the attacker (ex: one is not justified of defending himself using a dagger to prevent fist blows only) nature and quality of the means/weapon used by the attacker/aggressor o physical condition, character, size and other circumstances of both the attacker/aggressor and the person defending himself

NOTE, however: perfect equality is not required because of absence of sufficient time and tranquility of mind to think, to calculate or choose what means to use; only rational equivalence in consideration of the circumstances present is required Limitations: (1) there was no other available means or (2) if there was other means, the person acting in defense could not coolly choose the less deadly means/weapon to repel the aggression

Third Element: No Sufficient Provocation on the part of the Person Defending Himself Sufficiency here means provocation should be proportionate to the act of aggression and adequate to stir the aggressor to its commission When is the third element present? o No provocation at all o There was provocation but not sufficient o There was sufficient provocation but such provocation was not given by the person acting in defense o There was sufficient provocation on the part of the person in defense but it was not proximate and immediate to the act of aggression

Battered Woman Syndrome (RA 1. When each phase of the cycle of violence has occurred twice or more a. Tension-building Stage b. Acute Battering Incident c. Tranquil Period 2. When the final acute battering episode before the crime created actual fear of imminent harm on the part of the accused woman and that she honestly believed that she needed to use force to save her life 3. In the event of the crime, the abuser posed possible grave harm that needs not to be immediate or actual because the state of mind of the accused woman has already metamorphosed due to precedent abuses done by the abuser such that even the abuser only intends to pinch the accused battered woman, the latter thought that the abuser will harm her again or kill her