Unlawful Aggression

Granting that the victim tried to steal the petitioner’s car battery, such did not equate to a danger in his life or personal safety.  At one point during the fight, Macario even tried to run away from his assailant, yet the petitioner continued to chase the victim and, using his .45 caliber pistol, fired at him and caused the mortal wound on his chest.  Contrary to the petitioner’s defense, there then appeared to be no “real danger to his life or personal safety,” for no unlawful aggression, which would have otherwise justified him in inflicting the gunshot wounds for his defense, emanated from Macario’s end (Ramon Josue y Gonzales Vs. People of the Philippines, G.R. No. 199579. December 10, 2012).