Article 11 – Justifying Circumstances

Unlawful Aggresion

People vs. Manaban, July 11, 2006

At around 1:00 AM of October 11, 1996, Joselito Bautista, who was a member of UP Police
Force took his daughter, Fritzi, who complained of difficulty in breathing, to the UP Health
Center. The doctors gave him prescriptions and so he went to BPI Kalayaan yo withdraw some
money from its ATM. When Bautista could not withdraw money, he started kicking and
pounding the machine which caught the attention of the Ramonito Manaban, the petitioner.
Bautista said that the machine captured his card and and that he did not get money he badly
needed. Manaban sais that the PIN he entered was incorrect and that is why his card was
captured. Angered by what Manaban said, Bautista then continued kicking and pounding the
machine. Failling to pacify the victim, petitioner fired a warning shot. Unable to pacify Bautista,
he fired another shot that hit Bautista, instantly killing him. Manaban sais that he feared
Bautista would pull his gun and might kill him so he fired at him.
The trial court found the petitioner Manaban guilty beyond reasonable doubt of the crime of
homicide. This decision was later affirmed by the Court of Appeals with modification in respect
to the award of loss of earning capacity. Thus the case at bar.

Issue: Whether or not the justifying circumstance of self-defense is applicable to the case at bar
Whether or not the mitigating circumstance of voluntary surrender and obfuscation are
present.

Decision

The 3 requisites to prove self-defense as a justifying circumstance which may exempt an

accused from criminal liability according to the RPC are: unlawful aggression on the part of the
victim, reasonable necessity of the means employed to prevent or repeal the aggression and
laco of sufficient provocation on the part of the accused or the person defending himself.
Unlawful aggression is an actual assault or at least a threat to attack or inflict physical injury
upon a person. A mere threat or intimidation is not considered unlawful aggression unless the
threat is offensive and menacing, manifestly shown in the wrongful intent to cause injury.
There must be an actual sudden and unexpected attack or imminent danger which puts the
defendants life in real peril. In this case, there was no unlawful aggression on the part of the
victim. The allegation of Manaban that Bautista was about to draw his gun when he turned his
back at Manaban us mere allegation. Aggression presupposes that the person attacked must
face a real threat to his life and peril sought to be avoided is imminent and actual, not
imaginary. Absent such actual or imminent peril yo one’s life or limb, there is nothing to repeal
and there is no justification for taking the life or inflicting injuries on another.
It is undisputed that Manaban called the police to report the shooting incident. When the
police arrived, Mananab surrendered his service firearm and voluntarily went with he police.
For investigation. Thus, Manaban is entitled to the benefit of mitigating circumstance of
voluntary surrender.