Incomplete Self-Defense

In order that incomplete self-defense may be successfully appreciated as a mitigating circumstance, it is necessary that a majority of the requirements of self-defense be present, particularly the requisite of unlawful aggression on the part of the victim. Unlawful aggression by itself or in combination with either of the other two requisite suffices to establish incomplete self-defense. Absent the unlawful aggression, there can never be self-defense, complete or incomplete, because if there is nothing to prevent or repel, the other two requisites of defense will have no basis. (People vs. Sta. Maria: G.R. No. 171019, 23 February 2007)