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    Circumstances Which Affect Criminal Liability (Justifying Circumstances. Art. 11, RPC - Self Defense)

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    bantucin davoo
    The accused admitted to killing the victim but claimed it was in self-defense. However, the court found no evidence of unlawful aggression from the victim, as the victim only appeared to draw something from his waist but did not use physical force against the accused. Without unlawful aggression, self-defense cannot be claimed as an extenuating circumstance. The court thus rejected the accused's claim of self-defense.

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    Circumstances Which Affect Criminal Liability (Justifying Circumstances. Art. 11, RPC - Self Defense)

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    bantucin davoo
    21 views1 page
    The accused admitted to killing the victim but claimed it was in self-defense. However, the court found no evidence of unlawful aggression from the victim, as the victim only appeared to draw something from his waist but did not use physical force against the accused. Without unlawful aggression, self-defense cannot be claimed as an extenuating circumstance. The court thus rejected the accused's claim of self-defense.

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    46.-People-v-Patotoy

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    The accused admitted to killing the victim but claimed it was in self-defense. However, the court found no evidence of unlawful aggression from the victim, as the victim only appeared to draw something from his waist but did not use physical force against the accused. Without unlawful aggression, self-defense cannot be claimed as an extenuating circumstance. The court thus rejected the accused's claim of self-defense.

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    21 views1 page

    Circumstances Which Affect Criminal Liability (Justifying Circumstances. Art. 11, RPC - Self Defense)

    Uploaded by

    bantucin davoo
    The accused admitted to killing the victim but claimed it was in self-defense. However, the court found no evidence of unlawful aggression from the victim, as the victim only appeared to draw something from his waist but did not use physical force against the accused. Without unlawful aggression, self-defense cannot be claimed as an extenuating circumstance. The court thus rejected the accused's claim of self-defense.

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    Circumstances which affect criminal liability (justifying circumstances. Art.

    11, RPC – self defense)

    People v. Patotoy
    GR No. 102058, August 26, 1996

    Facts:
    The accused admitted to having killed the victim but claims to have done so in self-
    defense. The victim appeared to draw something from his waist during their confrontation. The
    victim's alleged act of drawing "something" from his waist certainly is not the "unlawful
    aggression" meant in the law that would justify a fatal strike at him and no veritable physical force
    on the part of the latter has been shown that could have really endangered the life of the
    accused.
    Issue:
    Is Bonifacio Patotoy’s plea of self-defense shall be given credit?
    Ruling:
    No. Without unlawful aggression, self-defense cannot exist nor be an extenuating circumstance.
    Unlawful aggression presupposes actual, sudden and unexpected attack, or an imminent danger, and not
    merely a threatening or an intimidating attitude. There must exist a real danger to the life or personal
    safety of the person claiming self-defense.

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