People vs De la Cruz

Facts:

Dela Cruz and San Antonio were living together when Macapagal went to their apartment, holding a gun and banged the door of the bedroom. Dela Cruz opened the door, and upon seeing that Macapagal was pointing the gun at him, he immediately went back to the room and closed the door.The next time he went out, he, too, was already holding a gun. The two immediately grappled each other and not long after, shots were heard and Macapagal fell dead on the floor.Appellant told San Antonio to call the police and when they arrive, he surrendered the gun he used and told the police that he shot Macapagal in self defense.According to the autopsy, Macapagal sustained 4 wounds. 3 of which were non-penetrating (upper jaw, below the left shoulder, right side of the waist). The shot that took his life was on the left side of the chest penetrating the heart.Dela Cruz had no license to carry the firearm. Issue: Whether or not the accused is able to prove to the court the elements of self-defense in order to extenuate him from the crime.

Held: No. Unlawful aggression by the person injured or killed presuppose an actual, sudden, and unexpected attack or imminent danger on the life and limb of a person at the time the defensive action was taken against the aggressor.

The number of wounds sustained by the victim would negate this component of self defense. The four gunshot wounds indicate a determined effort to kill. Lack of sufficient provocation on the part of the person defending himself. When the appellant confronted the victim, instead of taking precautionary measures, appellant could no longer argue that there was no provocation on his part.