Facts: Appellant was a part of the police team tasked to maintain peace and order at a dance being held at the municipal gymnasium in Dapa, Surigao del Norte. The victim, Teodorico, his brother Restituto, and their friends who attended the said dance were sitting on a bench and conversing when appellant came. Restituto greeted Langres but the latter gave the former a fist blow without provocation. Teodorico then approached intending to ask what his brother’s fault was when appellant drew his gun and shot Teodorico, resulting in the latter’s death. Langres argued that when the victim darted towards him, he sensed an attack and accordingly aimed his gun at his alleged aggressor.
Issue: Whether the accused may invoke self-defense.
Held: For self-defense to prosper, it must be shown that there was a previous unlawful and unprovoked attack that placed the life of the accused in danger and forced him to inflict more or less severe wounds on the victim. Moreover, the unlawful aggression contemplated by the law must come from the victim himself. And lastly, mere belief of an impending attack is not sufficient; and neither is an intimidating or threatening attitude. The person attacked must face a real threat upon his life and the peril sought to be avoided must be imminent and actual, not imaginary.
0 comments:
Post a Comment