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Two (2) Kinds of Unlawful Aggression:

1. Actual (is happening)


The danger is Present, that is, it is actually in existence
Illustration:

While A and B were cutting trees, they had a heated


argument. A suddenly stabbed B with a bolo thereby
wounding B’s right shoulder. A was about to deliver
another blew but B was able to retrieve his bolo and
hacked A’s stomach. A fell down and died a few
moments later due to blood loss.
2. Imminent (About to happen)
The danger is on the point of happening.
Illustration:

A and B were enemies and in numerous occasions, B


threatened A the he will kill him when their paths will
cross. One night while A was coming back home, he saw
B heading toward him. B had a gun and he pointed the
gun at him. A, who was also armed with a gun, swiftly
drew out his pistol and shot B.

Important Reminder:
About Unlawful Aggression:
1. There must be actual physical force or actual use of weapon;
2. Insulting words, no matter how objectionable, without physical
force, does not constitute unlawful aggression;
3. A slap on the face constitutes unlawful aggressions;
4. Retaliation is not Self-Defense;
5. The unlawful aggression must come from the person who was
attacked by the accused;
6. No unlawful aggression when there is agreement to fight;
7. Mere threatening attitude is not unlawful aggression.

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