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PEOPLE v. CARLITO ARIZALA Y VALDEZ

This case has been cited 6 times or more.

2006-09-27
CHICO-NAZARIO, J.
Third. Lack of sufficient provocation on the part of the person defending himself. As an element of self-defense, unlawful aggression refers to an assault or attack, or a threat thereof in an imminent and immediate manner, which places the defendant's life in actual peril.[32] It is an act positively strong showing the intent of the aggressor and not merely a threatening or intimidating attitude. [33] It is also described as a sudden and unprovoked attack of immediate and imminent kind to the life, safety or rights of the person attacked.[34]
2006-09-12
CHICO-NAZARIO, J.
As an element of self-defense, unlawful aggression refers to an assault or attack, or a threat thereof in an imminent and immediate manner, which places the defendant's life in actual peril.[31] It is an act positively strong showing the wrongful intent of the aggressor and not merely a threatening or intimidating attitude. [32] It is also described as a sudden and unprovoked attack of immediate and imminent kind to the life, safety or rights of the person attacked.[33]
2001-10-17
QUISUMBING, J.
Appellants had superiority in numbers and weapons.  The victim was without any means to defend himself as no weapon was found or even intimated to be in his possession.  The victim was running away from the "Jiffy" prior to the killing.  That he was warned or threatened earlier is of no moment.  Even when the victim is warned of danger to his person, if the execution of the attack made it impossible for the victim to defend himself or to retaliate, treachery can still be appreciated.[56] The victim was lying prostrate on the ground when he was deliberately and mercilessly riddled with bullets.  The weapons used, the number of assailants, the swift and planned manner of the attack, and the multiple number of wounds inflicted upon the victim all demonstrate a determined assault with intent to kill the victim.  No doubt there was treachery.