close

Privacy guaranteed - Your email is not shared with anyone.

self defense questions

Discussion in 'Band of Glockers' started by magister, Jun 28, 2006.

  1. magister

    magister

    Messages:
    167
    Likes Received:
    0
    Joined:
    May 8, 2006
    what are the philippine laws that cover the use of firearms in a self defense situation?

    let's say akyat bahay type thief. can one legally fire upon the guy even if he has not actually stolen anything yet? breaking and entering or trespassing lang for example.

    also, what if you catch one of these guys and he is able to run out of your house (with or without your belongings), pwede bang paputukan yan, again legally?

    i have my thoughts on the matter but i'd like to get some validation for these.

    thanks. :)
     
  2. 9MX

    9MX Rei!

    Messages:
    5,952
    Likes Received:
    0
    Joined:
    Sep 29, 2003
    Location:
    Shooting
    hi,

    iirc, this was answered before, try doing a search within the BOG forum. possible key words are "defense," "laws," "cardinal"

    :)
     

  3. isuzu

    isuzu

    Messages:
    4,072
    Likes Received:
    0
    Joined:
    Jul 3, 2005
    Location:
    North America
    let's say akyat bahay type thief. can one legally fire upon the guy even if he has not actually stolen anything yet? breaking and entering or trespassing lang for example.

    -the burden of proof with the threat on your life and your loved ones would be on you. Magastos. Yayaman abogado mo. You'll go broke.

    also, what if you catch one of these guys and he is able to run out of your house (with or without your belongings), pwede bang paputukan yan, again legally?

    -that's attempted murder, as far as I know. Shooting a person who is running away from you is agression.

    Also, do a search on the related topics mentioned by 9MX.

    My suggestion is, have a plan and prevent bad guys from breaking in your house. Saves you a lot of trouble. Remember, that these people will only prey on the weak. They can't afford to get hurt, or else they lose their livelihood. If they find out that they can't break into a house, they'll look for an easier target.
     
  4. magister

    magister

    Messages:
    167
    Likes Received:
    0
    Joined:
    May 8, 2006
    thanks for the replies. i thought the same. looks like the only way to justify discharging a firearm is to be really sure that there is a definite threat on one's life i.e. you can shoot when you are sure that the other person has the means, ability, and intention to do harm.

    btw, did a search but could not find the exact info i needed. sorry if the topic has been discussed already.
     
  5. isuzu

    isuzu

    Messages:
    4,072
    Likes Received:
    0
    Joined:
    Jul 3, 2005
    Location:
    North America
    Nothing to apologize. That thread was discussed long before you joined the forum. For all you know, our fellow BOGs have updates on the topic of self defense.
     
  6. New_comer

    New_comer

    Messages:
    1,153
    Likes Received:
    0
    Joined:
    Jun 29, 2003
    Location:
    Manila, Philippines
  7. magister

    magister

    Messages:
    167
    Likes Received:
    0
    Joined:
    May 8, 2006
    exactly what i was looking for. thanks! :)
     
  8. HEAVY

    HEAVY "Verify!"

    Messages:
    688
    Likes Received:
    4
    Joined:
    May 31, 2006
    very enlightening.
     
  9. Wp.22

    Wp.22

    Messages:
    3,326
    Likes Received:
    0
    Joined:
    Jan 17, 2005
    Location:
    philippines
    is it consider self defense when someone snatch your phone and you shot the perp?
     
  10. HEAVY

    HEAVY "Verify!"

    Messages:
    688
    Likes Received:
    4
    Joined:
    May 31, 2006
    i dont think so.

    if he snatched your phone, he would be running away, right?

    clearly, he is no longer a threat to you.

    shooting him would be unjustified.

    not only that, it would be murder.
     
  11. pipo

    pipo

    Messages:
    240
    Likes Received:
    0
    Joined:
    Feb 20, 2006
  12. charlie-xray

    charlie-xray Gunpowder Adik

    Messages:
    1,174
    Likes Received:
    0
    Joined:
    Aug 11, 2004
    Location:
    Pugad Baboy
    Kaya ako ang setup ko is bobcat under the bed, side table is GLOCK 23 and near the door is 2 1 inch thick round stainless na tubo pamalo ala-arnis size with leather handles pero nakasukbit lang yung Glock at hawak ni mrs yung bobcat as backup.
     
  13. mikey177

    mikey177 Remember

    Messages:
    1,357
    Likes Received:
    1
    Joined:
    Jan 28, 2003
    Location:
    Philippines
    The 3 elements for claiming self-defense in a confrontation are:

    FIRST, there must be unlawful aggression;

    SECOND, reasonable necessity of the means employed to prevent or repel the unlawful aggression; and

    THIRD, lack of sufficient provocation on the part of the person defending himself.

    Also, try doing a search on the BoG Forum with the keyword "provocation." You'll get some good results there.

    Stay safe.
     
  14. Glock_19_9x19

    Glock_19_9x19 Toink!

    Messages:
    577
    Likes Received:
    0
    Joined:
    Feb 24, 2006
    Location:
    Manila, PH
  15. magister

    magister

    Messages:
    167
    Likes Received:
    0
    Joined:
    May 8, 2006
    it seems that aside from the 4 rules of gun safety, these have to be kept in mind by a responsible gun owner.
     
  16. PD1017

    PD1017

    Messages:
    9
    Likes Received:
    0
    Joined:
    Feb 26, 2006
    Probably Dante Jimenez can shade more light on this issue. I dont know if this e-mail add is still alive: vacc@pacific.net.ph
     
  17. 9MX

    9MX Rei!

    Messages:
    5,952
    Likes Received:
    0
    Joined:
    Sep 29, 2003
    Location:
    Shooting
    i think this has happened before to mary grace tan. a perp snatched the side mirror of her vehicle in araneta ave. she shot the perp on the leg then filed a case of robbery yata.

    2nd famous incident eh yung kay sonny parsons, no case filed kasi justified.

    maybe our BOG lawyers can give an opinion on this.
     
  18. attyjpl

    attyjpl Dark Justice

    Messages:
    207
    Likes Received:
    0
    Joined:
    Jul 3, 2004
    Location:
    Order in the Court!!

    the unlawful taking of another's property is NOT a valid justification to take the life of another. mary grace was right when she shot the perp on the LEG, if only to immobilize the BG and reclaim her property.

    sonny parsons case was totally different. he fired a warning shot in the air but the perps returned fire on him, justifying their killing. it was clearly self-defense.

    so if a BG snatches or steals any of your property, dont kill him. just maim him. :laughabove:
     
  19. 9MX

    9MX Rei!

    Messages:
    5,952
    Likes Received:
    0
    Joined:
    Sep 29, 2003
    Location:
    Shooting
    +1 on attyjpl's opinion, i just asked a colleague in the office who is also a lawyer. disabling the perp is justifiable, at most you'd be liable for civil damages if lets say..he lost an arm or a leg due to the gunshot.

    bottomline, the 3 cardinal rules apply no matter what
     
  20. PD1017

    PD1017

    Messages:
    9
    Likes Received:
    0
    Joined:
    Feb 26, 2006
    Lets say a BG got into your house took your Bnew Rolex but he is unarmed, what will you do? kiss him goodbye?

    Well, you got that .45 pistol in your hand...You warned him but he is even teasing that you have no right to shoot him, he is unarmed.