MODULE 5 Flashcards
(27 cards)
People v. Rubiso
nabaril, nakaupo, gun ≠ unlawful aggression
People v. Enfectana
Binangga ng tricycle, jeepney, stabbing, depang
People v. Genosa
battered wife syndrome as self-defense,
Doctrine:
Must prove at least two cycles
Cycles of violence
1. tension building phase
2. acute battering incident
3. tranquil loving period
People v. Narvaez
Fence, house and rice mill, shot, defense of person and property, incomplete self-defense
People v. Boholst-Caballero
caroling = prostituting, choke, knife by the belt
People v. Alconga
blackjack, first was self-sefense but second was not
Doctrine:
Right to kill ends when aggression stops
People v. Sumicad
lumber, no sweldo, kept running, bolo, self-defense
People v. Luague
mag-asawa, rape, kitchen knife, defending her honor
People v. Dela Cruz
hipo, pocket knife, defense of honor
People v. Jaurigue
creepy manliligaw, church, stabbed in the neck
US v. Bumanglang
missing palay, trap, sticks, sheathed bolo, homicide
Velasquez v. People
sex in victim’s house, ambush, serious physical injuries
Aguilar v. DOJ
Tetet, “NPA,” stole a grenade
Ortega v. Sandiganbayan
traffic duty, extortionist, stabbed, insufficient evidence (no knife)
Flores v. People
inuman, M-16 armalite, 4 gunshot wounds
Nacnac v. People
two policemen, drunk victim, warning shot, shot on the head
People v. Gamez
Father and son, tumultuous relationship, bolo, disarmed
Doctrine:
Unlawful aggression must be continuous and threat existing when wrongful act is done.
People v. Ricohermoso
kaingin, no palay, embrace from behind, avoid greater injury
Ty v. People
mother and sister confined, bouncing checks, mother suicide
Doctrine:
1. Existence of uncontrollable fear/evil
2. Real and imminent fear; No other practical or less harmful means to prevent
3. Fear of injury is greater than or at least equal to that committed
People v. Ulep
berserk, police shot him twice
Cabanlig v. Sandiganbayan
detained prisoner, agaw baril, attempted escape, shot no warning
Doctrine:
Use of force by a policeman in the performance of duty is justified to:
1. secure and detain offender
2. overcome his resistance
3. prevent escape
4. recapture if he escapes
5. protect himself from bodily harm.
People v. Delima
fugitive, bamboo weapon, fired twice
People v. Oanis
tulog binaril
Doctrine:
- offender acted in the performance of a duty or in the lawful exercise of a right; and
- injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.
Yapyuco v. Sandiganbayan
jeepney full of “NPA,” open fired at the curve
