self defense

I have a question about self defense. last week a thief broke into our house. he sprayed a certain chemical that made my family sleep well while he ransack our house. I came home late that evening and when I was about to enter the house, I noticed that our things were scattered. I sensed that there was something wrong. I hid near the garage to observe. I saw the thief bringing out our appliances. I got a metal pipe at the garage and got hold of it until I had an opportunity to hit the thief. When he was picking some things on the floor, I jumped at him but he managed to run. I chased him inside the house until I cornered him at the kitchen. He tried to kick and box me but I answered him by hitting him at the head using the metal pipe. he managed to run again but I chased him near the waiting shed. I hit him again until he was incapacitated to run. I screamed for help. the neighbors went out and the barangay tanods arrested the guy. Attorneys, my question is, was my act considered self defense? the thief threatened to file physical injury case against me

What? He threatened to sue you for physical injuries? This guy is unbelievable! Anyway, you do have a good defense -- "defense of property" -- which is a justifying circumstance under our Penal Code.

Have you filed a case for robbery yet against this crook?

^errrmmm.... please note he chased the guy sa waiting shed. that means wala na sila sa bahay nila.

also note, tapos na yung pagnanakaw nung magnanakaw kasi nga kinompronta na niya.

See also article 429 of the civil code.....And I think hindi papatulan ng fiscal yung kaso na i-file ng magnanakaw sa iyo.....
Better yet unahan mo na ng kaso laban sa kanya...robbery

hi mga attorney. the robber was jailed and a case was already filed. He is presently confined at the hospital because of the wounds and fracture sustained from the beating . It was actually the family who threatened a counter charge against me because they said that the aggression already ceased when their son ran from the house. I should have not taken the law into my hands

^admiral:

kahit hindi patulan ng fiscal ang kaso na yan. pwedeng mag file ng civil case yung magnanakaw or yung family niya kung matindi talaga ang beating na binigay ni cobra.

^^ Nakasuhan na pala eh..Again yung civil code provision ang defense ni Cobra at hindi kailangan i-prove yung strictness na inimpose ng RPC on self defense .. Buti kung may pera pa yang mga yan para makapaghabla...di rin papatulan ng PAO yan...biro hihingi ng pera dahil nabuntal sa pagnanakaw...Ang magnanakaw hindi binibeybi...nabubuntal talaga yang mga yan to tell you frankly...ganuin talaga ang mga bagay bagay sa buhay..Dito papasok yung sinasabi nyo dati na "those who comes to court for a relief must come with a clean hands"....Dito malinaw na malinaw na hindi malinis ang kamay ni totoy sikwat..

Pero kung malikot at ceative ang abugado baka pwedeng maipanalo....Hindi naman tayo husgado para sabihin na tama ang isa sa kanila...

^yeah, we aren't judges.

and yes, yung mga magnanakaw naman talaga dapat ginugulpi. kung ako si cobra binaril ko na yun pagkalabas nya sa bahay ko.

for academic discussion purposes I'm quoting the provision:

"Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property."

again, hindi na siya actual at wala nang threat. so i doubt if makakasilong ka sa provision na ito.

^^ Gaano na ba katagal yung pag gulpi sa pagnanakaw????you have to consider that..Kung simultaneous yung pangyayari pasok pa rin yan..pero kung mga 30 minutes to an hour..meaning the respondent could have regained his composure and rational thinking pwede makasuhan ng damages...

Then you can also invoke citizen's arrest..using reasonable force to affect arrest and perhaps to prevent the robber from escaping...

Daming lusot..kung magiisip lang!!!!

^naman, i doubt kung reasonable force yung ma-confine sa hospital.

then we will have to establish the following:

1) distance ng bahay sa shed. kasi kung mga 10 meters lang yan. pwede pang makalusot.

2) at kung anong ginagawa nila habang naghahabulan

pero if medyo malayo layo, say 30-50 meters. i doubt.


dami naman talagang lusot eh... pero kahit sinong attorney na marunong sa trial practice could also use the same facts to kick a$$.

also, regaining composure and rational thinking isn't really a good defense in trial. kasi parang aaminin mo lang na tapos na yung aggression or threat at naghabol ka, motivated kana nun by revenge.

PS: you are raising valid points. but so am I. parang two sides of the same coin.

para kasing ng go-good time to si Cobra...sabi naka kulong tapos na hospital..ano kaya talaga?

Anyways, it is good na meron two sides of the coin..para kung tayo na ang magkaroon ng kaso sa practice natin meron tayong idea kung paano diskatehan.hehehe..tnx.

attorney thanks for your answers. I would like to give some clarifications. I chased the robber because "nagdilim yung paningin ko." the waiting shed is about 20 meters from our house. the robber was initially jailed but was placed under hospital arrest because of the fracture. yesterday was the preliminary investigation of the case against me (serious physical injuries). the fiscal laughed about the countercharge. he said I will just wait for the resolution. hopefully the case against me shall be dismissed. on the otherhand, the robbery case I filed is already progressing. the arraignment was already scheduled

^dude,

wag na wag mong aaminin yan sa korte!!!!

anyway, wait and see nalang tayo.

good luck!!!