G.R. No.

128871 March 18, 2003

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
JIMMY RUBISO, alias "ALOG," accused-appellant.
SANDOVAL-GUTIERREZ, J.:

FACTS:
Rubiso and Hubines are employees of Jaspe Metal Craft Industries in Iloilo. On November 6,
1992, while Hubines was putting on a rice thresher, Rubiso approached him from behind and shot him 6
times with hand gun wrapped in a towel.
On the defense according to Rubiso, while he was welding a tiller, Hubines kicked it, asked him if
he wanted a fight, boxed him and pulled out a gun. They grappled and fell to the ground. The gun
‘exploded’. Rubiso just lay down on his stomach and covered his ears. After hearing 3 more shots, he
stood up and saw Hubines lying in a pool of blood. He invokes self-defense.
The RTC ruled that Rubiso is guilty beyond reasonable doubt of murder. Reclusion Perpetua plus
damages.

ISSUE:
WON the Rubiso acted as a self-defense.

Dispositive:
The decision of the RTC is affirmed

RULING:
NO
To successfully claim self-defense, an accused must prove:
(1) unlawful aggression on the part of the victim
(2) reasonable necessity of the means employed by the person attacked to prevent or repel it
(3) lack of sufficient provocation on the part of the person defending himself.

Unlawful aggression is an actual, sudden and unexpected attack, or imminent danger thereof, not
merely a threatening or intimidating attitude. Even assuming that Hubines pulled out his gun, records
show that Hubines did not manifest any aggressive act which might have imperiled the life of Rubiso.
Other acts that are not considered unlawful aggression:
a. Merely thrusting one’s hand into one’s pocket as if drawing a weapon
b. Cocking a rifle without aiming the firearm at any particular target.
Moreover. The presence of a large number of bullets wound, their location and seriousness would
negate self-defense and indicate a determined effort to kill. Rubiso shot Hubines at the back without any
provocation on Hubines’ part.