This case has been cited 4 times or more.
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2014-07-23 |
REYES, J. |
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| Unlawful aggression on the part of the victim is the primordial element of the justifying circumstance of self-defense. Without it, there can be no self-defense, whether complete or incomplete, that can validly be invoked.[17] "There is an unlawful aggression on the part of the victim when he puts in actual or imminent danger the life, limb, or right of the person invoking self-defense. There must be actual physical force or actual use of a weapon."[18] "It is present only when the one attacked faces real and immediate threat to one's life."[19] | |||||
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2013-10-23 |
REYES, J. |
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| Unlawful aggression is a condition sine qua non for the justifying circumstance of self-defense. Without it, there can be no self-defense, whether complete or incomplete, that can validly be invoked.[17] "There is an unlawful aggression on the part of the victim when he puts in actual or imminent danger the life, limb, or right of the person invoking self-defense. There must be actual physical force or actual use of a weapon."[18] It is present only when the one attacked faces real and immediate threat to one's life. It must be continuous; otherwise, it does not constitute aggression warranting self-defense.[19] | |||||
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2012-01-18 |
PEREZ, J. |
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| We note, however, that both the Regional Trial Court and the Court of Appeals did not award damages to cover the unreceipted funeral expenses incurred by the surviving spouse. While actual damages are not recoverable absent any receipt or supporting document pertaining to the expenses, temperate damages may be awarded in its stead.[53] This is in accordance with Article 2224 of the Civil Code, which provides that temperate damages may be recovered "when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be proved with certainty."[54] Undeniably, the heirs of Ruiz suffered pecuniary loss representing funeral and burial expenses, although the exact amount is not proved.[55] Accordingly, the heirs of Ruiz shall be entitled to temperate damages in the amount of P25,000.00.[56] | |||||
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2011-12-14 |
DEL CASTILLO, J. |
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| The accused must also prove the following elements of self-defense: (1) there was unlawful aggression on the part of the victim; (2) there was reasonable necessity of the means employed to prevent or repel the attack; and (3) the lack of sufficient provocation on the part of the person defending himself. [39] In the justifying circumstance of self-defense, unlawful aggression is a condition sine qua non. [40] Self-defense, complete or incomplete, cannot be considered a justification, unless the victim commits an unlawful aggression against the person defending himself. [41] | |||||