FACTS ISSUE
People v. Regalario, G.R. No. 174483 March 31, 2009
That on February 22, 1997 at about 11:00 in the evening, at Brgy.
Natasan, Municipality of Libon, province of Albay, Philippines and
within the jurisdiction of this Honorable Court, the above-named
accused, conspiring, confederating and helping one another, with
intent to kill, did then and there willfully, unlawfully and feloniously
with cruelty, treachery, abuse of superior strength, nighttime attack,
assault, strike and hit ROLANDO SEVILLA with wooden clubs (bahi)
used as their night sticks, hitting the latter at the different parts of his
body and tying down his hands and feet with a rope, thereby inflicting
upon the latter serious and mortal wounds which directly caused his
death, to the damage and prejudice of his legal heirs.
By Ramon’s own account, after he was shot, he hit the victim at the
back of the latter’s head and he continued hitting the victim who
retreated backward. From that moment, the inceptive unlawful
aggression on the part of the victim ceased to exist and the
continuation of the offensive stance of Ramon put him in the place of
an aggressor. There was clearly no longer any danger, but still
Ramon went beyond the call of self-preservation.
People v. Dulin, G.R. No. 171284 June 29, 2015
That on or about August 22, 1990, in the Municipality of Tuguegarao, Whether or not there
Province of Cagayan, and within the jurisdiction of this Honorable is self-defense absent
Court, the said accused, Alfredo Dulin y Narag alias Freddie, armed unlawful aggression.
with a sharp blade(d) instrument, with intent to kill, with evident
RULING
Whether or not there No. There is no longer self-defense on that
is self-defense when part. Under the law, for a self-defense to
the aggressor (now prosper, the three requisites should be
the victim) ceased to present: (1) unlawful aggression; (2)
attack due to reasonable necessity of the means employed
overwhelming force to prevent or repel the attack; (3) lack of
employed defender sufficient provocation on the part of the
(now accused). person defending himself.
In this case, the first and third requisites are
present. However, the second one ceased to
exist when the accused employed
overwhelming means to neutralize the victim.
Ratio Decidendi:
The settled rule in jurisprudence is that when
unlawful aggression ceases, the defender no
longer has the right to kill or even wound the
former aggressor. Retaliation is not a
justifying circumstance. Upon the cessation of
the unlawful aggression and the danger or
risk to life and limb, the necessity for the
person invoking self-defense to attack his
adversary ceases.1avvphi1 If he persists in
attacking his adversary, he can no longer
invoke the justifying circumstance of self-
defense. Self-defense does not justify the
unnecessary killing of an aggressor who is
retreating from the fray.
No. There could be no self-defense absent
unlawful aggression. Under the law, the latter
is a condition sine qua non to the claim of
self-defense. Without which, there is nothing
premeditation and with treachery did then and there willfully,
unlawfully and feloniously attack, assault and stab one, Francisco
Batulan, inflicting upon him several stab wounds on the different parts
of his body which caused his death.
Appellant testified that after the initial stabbing attack on him, he was
able to take possession of the weapon and ran towards the second
level of the house of Vicente Danao, away from Batulan. At that point,
the unlawful aggression against him effectively ceased. When Batulan
and appellant again grappled for possession of the weapon, appellant
now became the armed protagonist, and Batulan’s act of trying to
wrest the weapon cannot be considered as unlawful aggression. At
that moment, appellant no longer faced any imminent or immediate
danger to his life and limb from Batulan.
Toledo v. People, G.R. No. 158057 September 24, 2004
to be defended.
In this case, there was initially an unlawful
aggression when the victim attacked the
accused with a knife, which was wrested from
him (victim) by the accused. When the
accused ran away from the victim, the
unlawful aggression from the victim already
ceased. Thus, when the two of them grappled
for the possession of the knife, unlawful
aggression from the part of the victim is now
absent, leaving nothing for the accused to
defend.
Ratio Decidendi:
Unlawful aggression is of two kinds: (a) actual
or material unlawful aggression; and (b)
imminent unlawful aggression. Actual or
material unlawful aggression means an attack
with physical force or with a weapon, an
offensive act that positively determines the
intent of the aggressor to cause the injury.
Imminent unlawful aggression means an
attack that is impending or at the point of
happening; it must not consist in a mere
threatening attitude, nor must it be merely
imaginary, but must be offensive and
positively strong (like aiming a revolver at
another with intent to shoot or opening a knife
and making a motion as if to attack). Imminent
unlawful aggression must not be a mere
threatening attitude of the victim, such as
pressing his right hand to his hip where a
revolver was holstered, accompanied by an
angry countenance, or like aiming to throw a
pot.
That on or about August 22, 1990, in the Municipality of Tuguegarao, Whether or not there No. There could be no self-defense absent
Province of Cagayan, and within the jurisdiction of this Honorable is self-defense absent unlawful aggression. Under the law, the latter
Court, the said accused, Alfredo Dulin y Narag alias Freddie, armed unlawful aggression. is a condition sine qua non to the claim of
with a sharp blade(d) instrument, with intent to kill, with evident self-defense. Without which, there is nothing
premeditation and with treachery did then and there willfully, to be defended.
unlawfully and feloniously attack, assault and stab one, Francisco
Batulan, inflicting upon him several stab wounds on the different parts In this case, there was initially an unlawful
of his body which caused his death. aggression when the victim attacked the
accused with a knife, which was wrested from
Appellant testified that after the initial stabbing attack on him, he was him (victim) by the accused. When the
able to take possession of the weapon and ran towards the second accused ran away from the victim, the
level of the house of Vicente Danao, away from Batulan. At that point, unlawful aggression from the victim already
the unlawful aggression against him effectively ceased. When Batulan ceased. Thus, when the two of them grappled
and appellant again grappled for possession of the weapon, appellant for the possession of the knife, unlawful
now became the armed protagonist, and Batulan’s act of trying to aggression from the part of the victim is now
wrest the weapon cannot be considered as unlawful aggression. At absent, leaving nothing for the accused to
that moment, appellant no longer faced any imminent or immediate defend.
danger to his life and limb from Batulan.
Ratio Decidendi:
Unlawful aggression is of two kinds: (a) actual
or material unlawful aggression; and (b)
imminent unlawful aggression. Actual or
material unlawful aggression means an attack
with physical force or with a weapon, an
offensive act that positively determines the
intent of the aggressor to cause the injury.
Imminent unlawful aggression means an
attack that is impending or at the point of
happening; it must not consist in a mere
threatening attitude, nor must it be merely
imaginary, but must be offensive and
positively strong (like aiming a revolver at
another with intent to shoot or opening a knife
and making a motion as if to attack). Imminent
unlawful aggression must not be a mere
threatening attitude of the victim, such as
pressing his right hand to his hip where a
revolver was holstered, accompanied by an
 angry countenance, or like aiming to throw a
pot.
People v. Dulin, G.R. No. 171284 June 29, 2015
That on or about August 22, 1990, in the Municipality of Tuguegarao, Whether or not there No. There could be no self-defense absent
Province of Cagayan, and within the jurisdiction of this Honorable is self-defense absent unlawful aggression. Under the law, the latter
Court, the said accused, Alfredo Dulin y Narag alias Freddie, armed unlawful aggression. is a condition sine qua non to the claim of
with a sharp blade(d) instrument, with intent to kill, with evident self-defense. Without which, there is nothing
premeditation and with treachery did then and there willfully, to be defended.
unlawfully and feloniously attack, assault and stab one, Francisco
Batulan, inflicting upon him several stab wounds on the different parts In this case, there was initially an unlawful
of his body which caused his death. aggression when the victim attacked the
accused with a knife, which was wrested from
Appellant testified that after the initial stabbing attack on him, he was him (victim) by the accused. When the
able to take possession of the weapon and ran towards the second accused ran away from the victim, the
level of the house of Vicente Danao, away from Batulan. At that point, unlawful aggression from the victim already
the unlawful aggression against him effectively ceased. When Batulan ceased. Thus, when the two of them grappled
and appellant again grappled for possession of the weapon, appellant for the possession of the knife, unlawful
now became the armed protagonist, and Batulan’s act of trying to aggression from the part of the victim is now
wrest the weapon cannot be considered as unlawful aggression. At absent, leaving nothing for the accused to
that moment, appellant no longer faced any imminent or immediate defend.
danger to his life and limb from Batulan.
Ratio Decidendi:
Unlawful aggression is of two kinds: (a) actual
or material unlawful aggression; and (b)
imminent unlawful aggression. Actual or
material unlawful aggression means an attack
with physical force or with a weapon, an
offensive act that positively determines the
intent of the aggressor to cause the injury.
Imminent unlawful aggression means an
attack that is impending or at the point of
happening; it must not consist in a mere
threatening attitude, nor must it be merely
imaginary, but must be offensive and
positively strong (like aiming a revolver at
another with intent to shoot or opening a knife
and making a motion as if to attack). Imminent
unlawful aggression must not be a mere
threatening attitude of the victim, such as
pressing his right hand to his hip where a
revolver was holstered, accompanied by an
angry countenance, or like aiming to throw a
pot.