G.R. No. 229349, January 29, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. GREG ANTONIO Y PABLEO @ TOKMOL, ACCUSED-APPELLANT.
"Accused-appellant's defense centers on his claim of self-defense and defense of his sister, invoking the first and second justifying circumstances under Article 11 of the Revised Penal Code:
ARTICLE 11. Justifying Circumstances. - The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making defense had no part therein.
An admission of self-defense or defense of a relative frees the prosecution from the burden of proving that the accused committed the act charged against him or her. The burden is shifted to the accused to prove that his or her act was justified:
It is settled that when an accused admits [harming] the victim but invokes self-defense to escape criminal liability, the accused assumes the burden to establish his plea by credible, clear and convincing evidence; otherwise, conviction would follow from his admission that he [harmed] the victim. Self-defense cannot be justifiably appreciated when uncorroborated by independent and competent evidence or when it is extremely doubtful by itself. Indeed, in invoking self-defense, the burden of evidence is shifted and the accused claiming self-defense must rely on the strength of his own evidence and not on the weakness of the prosecution.42
For the justifying circumstance of self-defense to be appreciated in the accused's favor, the accused must prove the following: "(1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel such aggression; and (3) lack of sufficient provocation on the part of the person resorting to self-defense."43 The justifying circumstance of defense of a relative likewise requires the first two (2) requisites, but in lieu of the third requirement, it requires that "in case the provocation was given by the person attacked, that the one making the defense had no part therein."44
The first requisite of unlawful aggression is defined as the actual or imminent threat to the person invoking self-defense.45 This requirement is an indispensable condition of both self-defense and defense of a relative; after all, if there is no unlawful aggression, the assailant would have nothing to prevent or repel.46 In People v. Caratao,47 this Court emphasized that if unlawful aggression is not proven, "self-defense will not have a leg to stand on and this justifying circumstance cannot and will not be appreciated, even if the other elements are present."48
As for the second requisite, "reasonable necessity of means employed to prevent or repel such aggression" envisions a rational equivalence between the perceived danger and the means employed to repel the attack.49 This Court in People v. Encomienda50 recognized that in circumstances that lead to self-defense or defense of a relative, the instinct for self-preservation will outweigh-rational thinking.51 Thus, "when it is apparent that a person has reasonably acted upon this instinct, it is the duty of the courts to sanction the act and hold the act irresponsible in law for the consequences."52
Finally, the third requisite of lack of sufficient provocation requires the person invoking self-defense to not have antagonized the attacker.53 This Court explained in People v. Nabora54 that a provocation is deemed sufficient if it is "adequate to excite the person to commit the wrong and must accordingly be proportionate to its gravity."55"
