FACTS:
On Aug. 11, 1996 at 2:00 am, a drunken and armed Roberto Pascua approached Bonnie Rabanal, herein accused, a security guard. Thereafter, Pascua kicked the podium near Rabanal causing it to fall on him. The accused clarified Pascua’s actions which eventually led Pascua to threaten his life. Pascua further demanded that Rabanal should surrender his firearm to him. While Pascua reached for Rabanal’s firearm, the latter was able to push him and grab his gun. In effect, Pascua lost his balance and fell. Thereafter, the accused shot Pascua four times.
ISSUE:
Whether or not the accused can invoke the justifying circumstance of self-defense.
RULING:
No. Self-defense presupposes an actual, sudden and unexpected attack or imminent danger on the life and limb of a person. Thus, danger must be present that is actually in existence or imminent that the danger is on the point of happening. Even if the initial aggression came from the deceased, unlawful aggression as an element of self-defense, had already ceased when the deceased fell down before he was shot by the accused. Hence, at that point, his act can no longer be interpreted as an act of self-defense but rather a perverse desire to kill.
