PEOPLE vs. MARLON DELIM, ET. AL., ([G.R. No. 142773. January 28, 2003] indicators
of conspiracy
CIRCUMSTANCES JUSTIFYING OR
EXEMPTING FROM CRIMINAL LIABILITY
SCRA 297)
JUSTIFYING CIRCUMSTANCES
(ARTICLE 11)
SELF-DEFENSE (Paragraph 1)
1.
REQUISITES (U-R-P): People vs. Bonnie Rabanal, 387 SCRA 685, GR 146687, August 22, 2002)
2.
DEFENSE OF PROPERTY
1.
2.
3.
4.
Defense of property may also be invoked by one who is merely exercising a right, under Article 11, paragraph 5.
UNLAWFUL AGGRESSION:
1.
2.
Unlawful aggression is a condition sine qua non for self defense, whether complete or incomplete
3.
Unlawful Aggression is a primordial element (People vs. Bonnie Rabanal, 387 SCRA 685, GR 146687, August 22,
2002). when the unlawful aggression has ceased to exist, the one making the defense has no right to kill or injure the former
aggressor
4.
[2]
5.
Nature of Aggression (People vs. Bonnie Rabanal, supra). In People vs. Sabio,[3]
6.
7.
PATROLMAN ALMEDA vs. COURT OF APPEALS (GR No. 120853, March 13, 1997)
2.
INDICATORS: Self-Defense:
1. nature and number of wounds inflicted , PEOPLE vs. BONNIE RABANAL (supra)
2. Flight from the crime scene betrays a guilty conscience and anathema to the claim of self-defense (People vs. Atadero,
387 SCRA 179).
3. Failure on ones part to inform the police upon surrender that he acted in self-defense is fatal (People vs. Saure, 379
SCRA 128).
PEOPLE vs. MARIO MARCELO, (G.R. No. 140385. April 14, 2004]
RAZON vs. PEOPLE (G.R. NO. 158053, June 21, 2007)
In People vs. Toring (GR 56358, October 26, 1990, 191 SCRA 47),
2.
3.
TY vs. PEOPLE, (G.R. 149275, September 27, 2004, 439 SCRA 220) If the evil sought to be
avoided is merely expected or anticipated or may happen in the future, this defense is not applicable
SCRA 297)
ADDITIONAL CASES
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2.
Please take note that cases cited in your book are automatically part of the assignment