Atty. Aye Dometita

Atty. Aye Dometita ⚖️Offering bite-sized nuggets of the law;
✨Currently handling collection, property & family law cases

28/09/2023

Is using a firearm always an unreasonable means of self-defense?

No, using a firearm is not always an unreasonable means of self-defense, but it depends on the circumstances of the case. Under Philippine law, a person may use a firearm for self-defense if he/she meets the following conditions:

1. He/she has a valid License and Permit to Own and Possess the firearm, which means he/she is at least 21 years old, has passed a mental health and criminal background check, has taken a fi****ms training and safety course, and has provided a reason for owning and carrying a firearm.

2. He/she acts in defense of his/her person or rights, or the person or rights of his/her spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his/her relatives by affinity in the same degrees, against an unlawful aggression that puts his/her life or limb in actual or imminent danger.

3. He/she uses the firearm with reasonable necessity to prevent or repel the unlawful aggression, meaning that there is no other less harmful or more effective way to defend himself/herself or others.

4. He/she does not have any sufficient provocation on his/her part that may have incited unlawful aggression, meaning that he/she did not initiate or escalate the conflict or violence.

If these conditions are met, then using a firearm MAY be considered a reasonable means of self-defense under Philippine law.

27/09/2023

It is difficult to ascertain reasonable means when you’re in the heat of an argument because of the emotions and biases that can cloud your judgment and perception.

When you are angry, frustrated, or defensive, you may not be able to think clearly, listen actively, or empathize with the other person. You may also be more prone to making assumptions, generalizations, or personal attacks that can escalate the conflict and damage the relationship. You may also be less willing to consider alternative perspectives, evidence, or solutions that can help you resolve the argument in a constructive way.

Therefore, it is important to calm down and communicate effectively when you’re in the heat of an argument. You can do this by taking a break, breathing deeply, acknowledging your emotions, and expressing them respectfully. You can also use techniques such as paraphrasing, asking open-ended questions, validating the other person’s feelings, and finding common ground.

These strategies can help you reduce the tension, clarify the issue, and reach a mutual understanding or agreement

25/09/2023

One example of excessive or unnecessary force or violence is the case of George Floyd, who died after a police officer knelt on his neck for more than nine minutes, despite his pleas that he could not breathe.

The American police officer used more force than was necessary to arrest Floyd, who was suspected of using a counterfeit bill. The police officer’s actions violated Floyd’s right to life and his right to be free from unreasonable seizures. The police officer’s actions also constituted a crime of murder, for which he was convicted and sentenced to 22.5 years in prison.

The case of George Floyd sparked worldwide protests against police brutality and racial injustice.

22/09/2023

The law defines 'excessive' or 'unnecessary force or violence' as any force or violence used that exceeds what is necessary to gain compliance or control, or to prevent or repel an aggression.

Excessive or unnecessary force or violence can violate the rights of the person subjected to it, such as the right to life, the right to be free from torture or other ill-treatment, the right to be free from unreasonable seizures, and the right to equal protection under the law.

Excessive or unnecessary force or violence can also amount to a crime, such as homicide, physical injuries, or police brutality

20/09/2023

What's a real-life example where reasonable and necessary means were used?

One such case is People v. Olarbe where the Supreme Court of the Philippines acquitted the accused of homicide on the ground of self-defense.

The accused stabbed the victim once in the chest after the victim attacked him with a bolo.

The court found that the accused acted in self-defense, as he proved the following elements: (1) there was unlawful aggression from the victim, who initiated the attack and threatened to kill him with a bolo; (2) there was reasonable necessity of the means employed to prevent or repel the aggression, as he had no other option but to use a knife to defend himself; and (3) there was lack of sufficient provocation on his part, as he did not do or say anything to incite the victim’s anger.

The court ruled that the accused’s act of stabbing the victim was reasonable and necessary under the circumstances, and thus he was not criminally liable.

18/09/2023

What are examples of the use of 'reasonable and necessary means' to defend oneself?

Reasonable and necessary means are those that are proportionate to the level and nature of the aggression, and that are effective in stopping or preventing the harm.

For example, if someone is verbally abusing or insulting you, a reasonable and necessary means might be to ignore them, walk away, or tell them to stop.

If someone is physically attacking you with their fists, a reasonable and necessary means might be to block, dodge, or push them away.

If someone is threatening you with a weapon, a reasonable and necessary means might be to run, hide, or fight back with an equal or superior weapon.

These are some examples of reasonable and necessary means, but they may vary depending on the situation and the circumstances.

15/09/2023

What should a layperson do to defend himself/ herself if there is sufficient provocation from an aggressor?

A layperson should try to avoid or de-escalate a situation where there is sufficient provocation, as it might lead to violence or trouble.

A layperson should also try to stay calm and rational, and not let their emotions get the best of them. One should only use force or violence to defend themselves or others when there is no other option, and when there is unlawful aggression from the other party. A layperson should also use reasonable and necessary means to prevent or repel the aggression, and not go beyond what is needed to stop the threat.

A layperson should also report the incident to the authorities as soon as possible, and seek legal advice if needed.

13/09/2023

Would the ex-cop be justified in threatening the cyclist if the cyclist had provoked the ex-cop into doing so?

No, the ex-cop would not be justified in threatening the cyclist and pulling out a gun. Provocation does not give anyone the right to use force or violence against another person, unless there is a real and imminent danger or threat to one’s life or safety.

Note that the ex-cop was physically bigger than the cyclist, and would have been able to thwart the latter's provocations.

He could have also resolved the situation peacefully or reported the incident to the authorities.

11/09/2023

Provocation in the recent cycling incident can be seen from different perspectives. From the ex-cop's point of view, he might have felt provoked by the cyclist's actions or words during the traffic altercation, which led him to slap and threaten the cyclist with a gun.

From the cyclist's point of view, he might have felt provoked by the ex-cop's slap and gun, which made him fear for his life and resist or fight back.

However, provocation does not justify or excuse the use of excessive or unnecessary force or violence, especially when there is no imminent danger or threat. Therefore, the ex-cop's actions were unlawful and criminal, while the cyclist's actions were reasonable and defensive.

08/09/2023

What is 'provocation'?

Philippine law defines provocation as any unjust or improper conduct or act of the offended party, capable of exciting, inciting, or irritating anyone.

Provocation is relevant in determining the criminal liability of a person who acts in self-defense, as one of the requirements is the lack of sufficient provocation on the part of the person defending himself.

Provocation is also considered as a mitigating circumstance that can lower the penalty of a person who commits a crime, if the provocation is sufficient and immediate to the act.

05/09/2023

'Unlawful aggression' and 'self-defense' are terms used to describe what happens when someone attacks another person and the other person fights back.

Unlawful aggression means that the Attacker is trying to hurt or kill the other person without any valid justification.

Self-defense means that the other person is trying to stop or prevent the attack by using force or violence. If someone is attacked, they have the right to defend themselves or others from harm, as long as they use reasonable and necessary means.

But if someone is not attacked, they cannot use force or violence against another person, because that would amount to a crime.

03/09/2023

Based on recent news reports, the cycling incident involved an ex-cop named William Gonzales who slapped and threatened a cyclist with a gun after a minor traffic altercation in Quezon City, Philippines.

The cyclist, who remains anonymous, did not press charges against Gonzales, but the ex-cop was arrested and charged with grave threats and physical injuries by the police.

In this case, unlawful aggression can be applied to the actions of Gonzales, who attacked the cyclist without any good reason and showed his intent to cause harm.

The cyclist, on the other hand, can claim self-defense if he resisted or fought back against Gonzales, as he was trying to protect himself from harm. However, self-defense would not apply if the cyclist provoked or retaliated against Gonzales after the attack was over.

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