Upon the cessation of the unlawful aggression and the danger or risk to life

Upon the cessation of the unlawful aggression and the

This preview shows page 29 - 30 out of 49 pages.

Upon the cessation of the unlawful aggression and the danger or risk to life and limb, the necessity for the person invoking self- defense to his adversary ceases. If he persists, he can no longer invoke the justifying circumstance of self-defense. Self -defense does not justify the unnecessary killing of the aggressor who is retreating from the fray (People vs Carujao) Retaliation is not self-defense. In retaliation the aggression that was begun by the injured party already ceased to exist when the accused attacked him. In self-defense, the aggression was still existing when the aggressor was injured or disabled by the person making a defense. Evidence to be believed must not only proceed from the mouth of a credible witness, but must be credible in itself such as the common experience and observation of mankind can approve as probable under the circumstances. F. WHEN IS UNLAWFUL AGGRESSION NOT APPRECIATED The presence of a large number of wounds on the part of the victim negates self-defense and instead indicates a determined effort on the part of the offender to kill the victim. The claim of self-defense can be belied by physical evidence. THIUS, the number, location, and nature of the wounds would reveal whether it was self-defense or intent to kill. A. When the aggressor flees, unlawful aggression no longer exists. (People vs Alconga) When unlawful aggression which has begun, no longer exists, because the aggressor runs away, the one making a defense has no more right to kill or even wound the former aggressor. B. There is no unlawful aggression when there is agreement to fight. 1. No unlawful aggression in a concerted fight 2. No unlawful aggression when there is agreement to fight (US vs Navarro) 3. No unlawful aggression when a challenge to fight is accepted ( People vs Del Pilar) C. One who voluntarily joined a fight cannot claim self-defense (People vs Kruse) When the fight is agreed upon, each of the protagonists is at once assailant and assaulted, and neither can invoke the right of self- defense, because aggression which is an incident in the fight is bound to arise from one or the other of the combatants. (People vs Quinto) The new rule of “stand ground when in the right” So when the accused is where he has the right to be, the law does not require him to retreat when his assailant is rapidly upon him with a deadly weapon (US vs Domen) If one flees from an aggressor, he runs the risk of being attacked in the back by the aggressor. G. WHEN IS THERE REASONABLE NECESSITY OF THE MEANS EMPLOYED What is the paramount consideration in determining the reasonableness of the means employed? Self-preservation is of paramount consideration in determining whether he reasonableness of the means employed depends upon the: 1. circumstances surrounding the aggression, 2. the state of mind of the aggressor, and 3. the available weapon at the defender’s disposal.
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  • Spring '17
  • john doe

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