Criminal Law Update: Self-defense Part 3

 SELF DEFENSE

There can be no self-defense, complete or incomplete, unless the accused proves the first essential requisite—unlawful aggression on the part of the victim. Unlawful aggression presupposes an actual, sudden and unexpected or imminent danger on the life and limb of a person – a mere threatening or intimidating attitude is not sufficient. There must be actual physical force or a threat to inflict physical injury.  In case of a threat, it must be offensive and positively strong so as to display a real, not imagined, intent to cause injury.  Aggression, if not continuous, does not constitute aggression warranting self-defense.

Sanchez v. People G. R.  No. 161007, Dec. 6, 2006

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