2017 Criminal Law, Q8

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent Impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and repeatedly shouted at Porthos: Putang Ina mo! Porthos, displaying fearlessness, aggressively shouted back at Aramis: Wag kang magtapang-tapangan dyan, papatayin kita! Without saying anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos’ wound was not life threatening.
(a) What are the kinds of unlawful aggression, and which kind was displayed in this case? Explain your answer. (3%)
(b) Standing trial for frustrated murder, Aramis pleaded self-defense. The Prosecution’s contention was that the plea of self-defense applied only to consummated killings. Rule, with explanations, on the tenability of Aramis’ claim of self-defense, and on the Prosecution’s contention. (3%)
(c) Porthos insisted that the element of treachery was present. To rule out treachery, Aramis asserted that both he and Porthos were then facing and confronting each other when he fired the shot. Rule, with reasons, on the respective contentions. (3%)

Quick check

What are the two recognized forms of unlawful aggression in Philippine criminal law?

Why do verbal threats and insulting words alone NOT constitute unlawful aggression for self-defense?

Does the justifying circumstance of self-defense apply to frustrated or attempted crimes against persons?

Why is treachery absent when a shooting occurs immediately after a heated verbal confrontation?

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Can a frontal attack be considered treacherous under Philippine criminal jurisprudence?

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1. Unlawful Aggression Requisites
Unlawful aggression is an indispensable element of self-defense, defined as an actual physical assault or an imminent threat of real, material, and unlawful force against a person or right. Actual unlawful aggression requires physical force or weapon deployment, whereas imminent unlawful aggression requires an overt act indicating a definite, immediate intention to inflict harm. Mere verbal threats, intimidating postures, or insulting language unaccompanied by an overt physical gesture demonstrating an intent to carry out the threat immediately do not constitute unlawful aggression. Without real or imminent unlawful aggression, a plea of self-defense cannot prosper.

2. Scope of Self-Defense
The justifying circumstance of self-defense under Article 11, paragraph 1 of the Revised Penal Code applies to all stages of a felony, including attempted, frustrated, and consummated crimes against persons. The prosecution's assertion that self-defense is restricted exclusively to consummated killings is legally erroneous. An accused who acts under a legitimate impulse of self-defense to repel an unlawful attack may invoke complete exemption from criminal liability regardless of whether the resulting harm constitutes attempted homicide, frustrated murder, or consummated homicide, provided that all legal requisites of self-defense are fully established by clear and convincing evidence.

3. Treachery in Altercations
Treachery under Article 14, paragraph 16 of the Revised Penal Code requires the deliberate adoption of means, methods, or forms of execution that consciously ensure the offender's safety from any risk arising from the defense the victim might make. While a frontal attack does not per se exclude treachery if executed suddenly and unexpectedly, treachery is generally absent when a shooting is preceded by a heated verbal altercation or mutual confrontation. When an altercation puts the victim on guard against possible aggression, the element of conscious choice of treacherous means is negated, downgrading the offense from murder to homicide.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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