ARTICLE 11 – SELF DEFENSE

42. While Pedro was welding, Juan kicked the machine Pedro was using. Pedro, who is bigger,
punched and taunted Juan in front of a lot of people. Juan was humiliated. Juan did not respond as
he was physically overpowered. When Pedro resumed working, Juan, with the use of a gun, killed
Pedro. Juan was arrested and he interposed self-defense. Is his defense valid?

Answer:
NO, the self-defense was invalid. Art.11, par. 1 provides that, for self-defense to be valid,
the following circumstances must concur:
1. Unlawful aggression
2. Reasonable means employed to prevent or repel it
3. Lack of sufficient provocation on the part of the person defending himself

In this case, when Pedro resumed working again, the unlawful aggression already ceased
to exists and that there was no longer sufficient provocation on the part of the person defending
himself.