self defense questions

hi,

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

 

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.

 

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.

 

I posted this here thread fyi lang po. It might help

http://www.glocktalk.com/showthread.php?s=&threadid=557965

 

very enlightening.

 

is it consider self defense when someone snatch your phone and you shot the perp?

 

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.

 

guys you might find this an interesting article. Its quite lengthy but definitely worth the read.

http://www.i2i.org/main/article.php?article_id=643


comments?

 

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.

 

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.

 

Very educational

 

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

 

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.

 

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.

 

+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

 

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.