1.

Defense of self, relatives, and strangers

Manaban v. Court of Appeals, G.R. No. 150723, 11 July 2006
FACTS:
 At around 1:00 am on Oct. 11, 996, Joselito Bautista’s daughter was rushed to UP Health Center. Needing money, Bautista
(member of UP Police force) went to withdraw money from the ATM at BPI Kalayaan Branch where accused Ramonito Manaban
was on duty.
 It was alleged that had taken alcoholic drinks before that. Bautista failed to withdraw and that his card was captured because he had
entered a wrong pin. He then started kicking and pounding the machine.
 Manaban asked him the problem and suggested that Bautista return the next morning. This angered Bautista all the more and
resumed pounding the machine. Manaban urged him to calm down but continued raging and striking the machine. When Manaban
could no longer pacify him, he fired a warning shot.
 That diverted the attention of Bautista. Instead of venting his ire against the machine, he confronted Manaban. After some exchange
of words, a shot rang out fatally hitting Bautista.
 Several police officers arrived at the crime scene where they saw Bautista lying on the ground, still breathing. They noticed that a .
38 caliber pistol was tucked in Bautista’s waist. Bautista was shot at the back. Manaban allegedly admitted the shooting.
 They brought Bautista to East Avenue Medical Center where he died. The NBI medico-legal officer testified that Bautista was shot at
the back, the muzzle of the gun at about more than 24 inches away from the entry point, and that the wound incurred by him was
fatal as the bullet hit the right lung and lacerated parts of the liver, stomach and the pancreas.
 He deduced that assailant must have been behind the victim. Manaban testified that after he fired the warning shot, Bautista
allegedly raised his shirt and showed his gun which was tucked in his waist. Manaban stepped back and told Bautista not to draw
his gun, otherwise he would shoot.
 However, Bautista allegedly kept on moving toward Manaban, who again warned Bautista not to come near him or he would be
forced to shoot him. Bautista suddenly turned his back and was allegedly about to draw his gun. Fearing that he would be shot first,
Manaban pulled the trigger and shot Bautista.
 Manaban declared that it did not occur to him to simply disable the victim for fear that Bautista would shoot him first.

ISSUE: (As related to Defense of self, relatives, and strangers)

WON justifying circumstance of self-defense is applicable.

RULING:
NO. Article 11. Justifying circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of the person defending himself.

There is no unlawful aggression. Unlawful agression is an actual physical assault or at least a threat to attack or inflict physical injury upon a
person. A mere threatening or intimidating attitude is not considered unlawful aggression.

First, Bautista was shot at the back as evidenced by the point of entry of the bullet. Second, when Bautista was shot, his gun was still inside a
locked holster and tucked in his right waist. Third, when Bautista turned his back at Manaban, Manaban was already pointing his service
firearm at Bautista.

Aggression presupposes that the person attacked must face a real threat to his life and the peril sought to be avoided is imminent and actual,
not imaginary. Absent such actual or imminent peril to one’s life or limb, there is nothing to repel and there is no justification for taking the life or
inflicting injuries on another.