This case has been cited 1 times or more.
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2001-12-19 |
QUISUMBING, J. |
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| In this case, appellants Roberto Saul and Elmer Avenue waited for the brothers Serojo outside of the gate of Sipil Delotavo's house. Any hostility shown by Rodrigo against Roberto inside the house had already ceased by then. There was no more aggression on Rodrigo's part, to speak of. By that time also, Roberto was no longer in any danger. Granting that only two minutes[12] have elapsed since the alleged bottle throwing incident within that interval of time, when the appellants stepped out already, the alleged aggression by the victims must have already ceased. There is no unlawful aggression when the peril to one's life, limb or right is neither actual nor imminent.[13] Aggression, if not continuous, does not constitute aggression warranting self-defense.[14] Moreover, if the person attacked allowed some time to lapse after he suffered the injury, such would not constitute self-defense but an act of revenge.[15] | |||||