SELF-DEFENSE
ELEMENTS; BURDEN OF EVIDENCE;
In invoking self-defense, whether complete or incomplete, the onus probandi is shifted to the accused to prove by clear and convincing evidence all the elements of justifying circumstance, namely: (a) unlawful aggression on the part of the victim; (b) the reasonable necessity of the means employed to prevent or repel it; and (c) lack of sufficient provocation on the part of the person defending himself.
Unlawful aggression presupposes not merely a threatening or an intimidating attitude, but an actual, sudden and unexpected attack or an imminent danger thereof, which imperils one’s life or limb. It is the first and primordial element of self-defense. Without it, the justifying circumstance cannot be invoked.
(People vs. Tabuelog, G.R. No. 178059, January 22, 2008, Ynares-Santiago)
