SABANG V. PEOPLE (GR. No.

168818)

Syllabus Topic: Defense of self, relative, and Keywords: Drunk guy getting shot
strangers

DOCTRINE:
Requisites for a Valid Defense of a Relative
1. Unlawful aggression on the part of the person killed or injured;
2. Reasonable necessity of the means employed to prevent or repel the unlawful aggression;
3. The person defending the relative had no part in provoking the assailant, should any provocation been
given by the relative attacked.

LAW/S OF THE CASE:

Article 11 (2), RPC
 Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural, or adopted brothers or sisters, or of his relatives by affinity in the same degrees,
and those by consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
provocation was given by the person attacked, that the one making defense had no part therein.

Facts

During a fiesta in Liloan, Ormoc City, a drunk Nicanor Butad, a PNP civilian agent with a .38-caliber revolver,
suddenly uttered the words “I will shoot you” to Randy Sabang, to the horror of Randy’s father, Nilo, and other
onlookers. Within moments, Nicanor died from 4 gunshots. Nilo surrendered himself but averred that it was an
accident and it was done to defend his son.

Witnesses for the defense claimed that when Nicanor uttered the words, he was already aiming his gun at
Randy. Nilo attempted to grapple the revolver away from Nicanor and only after the shots were fired was he
able to take the gun from Nicanor.

However, witnesses for the prosecution told a different story. They claimed that what Nicanor was holding was
not the gun, but a glass of Tanduay. Another person then unexpectedly appeared on the scene and punched
Nicanor. Nilo then stood up and pulled Nicanor’s gun from his waist and shot.

The RTC convicted Nilo of homicide based primarily on Dr. Calipayan’s testimony that the shots were not fired
at close range as Nilo claimed. CA affirmed this decision. Hence, this petition.

Issue

W/N Nilo can be acquitted on the ground that the crime was done in defense of his son? -

Holding

The petition is DENIED. Nilo Sabang is convicted of HOMICIDE.

 Unlawful aggression must be clearly established by the evidence. However, the facts of this case
indicate that Nilo did not consider Nicanor’s words as a threat, as one of the witnesses even heard him
saying that should Nicanor shoot his son, he will not fight for the latter as he is a spoiled brat.
 The 4 gunshot wounds indicate a determined effort to kill Nicanor. The fact that Nilo was able to wrest
the gun signifies that the aggression had already ceased.
 Nicanor was already drunk and Nilo admitted that he had an easy time twisting Nicanor’s hand holding
the revolver.
 No powder guns were found, evidencing that the shots were not fired in close range. The distance from
which a shot is fired affects the nature and extent of the injury caused on the victim.
 Mitigating circumstance: voluntary surrender (minimum period of penalty)