Self-defense is a justifying circumstance which is governed by Article 11 of the Revised Penal Code of the Philippines:
“The following do not incur any criminal liability:
1) Anyone who acts in defense of his person or rights, provided the following circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending himself.
Since you are invoking the justifying circumstance of self-defense, it is essential that you must first establish the presence of an unlawful aggression on the part of the victim. This element, however, is lacking based from the facts you have provided.
In a similar case decided by the court entitled Palaganas vs. People of thePhilippines (GR 165483, Sept. 12, 2006), the Supreme Court through Associate Justice Minita Chico-Nazario stated:
“Assuming, arguendo, that the Ferrer brothers had provoked the petitioner to shoot them by pelting the latter with stones, the shooting of the Ferrer brothers is still unjustified. When the Ferrer brothers started throwing stones, petitioner was not in a state of actual or imminent danger considering the wide distance (4-5 meters) of the latter from the location of the former. Petitioner was not cornered nor trapped in a specific area such that he had no way out, nor was his back against the wall. He was still capable of avoiding the stones by running away or by taking cover. He could have also called or proceeded to the proper authorities for help. Indeed, petitioner had several options in avoiding dangers to his life other than confronting the Ferrer brothers with a gun.
The fact that petitioner suffered injuries in his left leg and left shoulder, allegedly caused by the stones thrown by the Ferrer brothers, did not signify that he was a victim of unlawful aggression or that he acted in self-defense. There was no evidence to show that his wounds were so serious and severe. The superficiality of the injuries of the petitioner was no indication that his life and limb were in actual peril.
Petitioner’s assertion that, despite the fact that he fired a warning shot, the Ferrer brothers continued to pelt him with stones, would not exonerate him from criminal liability. Firing a warning shot was not the last and only option he had in order to avoid the stones thrown by the Ferrer brothers. As stated earlier, he could have run away, or taken cover, or proceeded to the proper authorities for help. Petitioner, however, opted to shoot the Ferrer brothers.”
Applying the above-quoted decision to your situation, the victim’s act of throwing a stone at you would not have placed your life in actual or imminent danger and you can still avoid the same by running away, taking cover or by seeking help from the authorities. Such act of the victim does not constitute the unlawful aggression as contemplated by law which would justify the killing.
We find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.