Self-Defense Claim A Dear Pao ,article

[Call me bubba]

a wild range of replies,,, thanks for the input,

 I posted this so that  WE could at least have a better understanding of what the "law" is.

the chance of us (expats.forum members  or our wife,gf children) will ever encounter a situation like this are SLIM

but its better to have some type of knowledge about what the "law " is than claim ignorance.

[earthdome]

a wild range of replies,,, thanks for the input,

 I posted this so that  WE could at least have a better understanding of what the "law" is.

the chance of us (expats.forum members  or our wife,gf children) will ever encounter a situation like this are SLIM

but its better to have some type of knowledge about what the "law " is than claim ignorance.

 

Regardless of what the law is anywhere in the world. If you perceive someone or some persons are an immediate threat to your life or that of your family you are morally right to defend yourself and family with whatever force is necessary to prevent the attack. If at the time something happens you worry about the law you may lose what little time you have to act in self defense.

 

Of course, knowledge of the law in this event is a good thing. I just wouldn't let the law prevent you from doing what is necessary to protect yourself or your family.

 

Laws are just words written down on a piece of paper by politicians.

Edited February 12, 2015 by earthdome

[MikeB]

In Major Anikow's case the security guard testified that the young guys got out of the car to confront Major Anikow after he tapped the vehicle and Anikow punched one of them knocking him down and the others "intervened" to help. Unfortunately, that part of it is not in the range of the CCTV tape. Maybe that's what happened, maybe not. He also testified that the American was drunk and aggressive. The prosecution made the strange decision to charge them all equally with murder, even though the evidence didn't seem to support it, instead of offering leniency to those who didn't actually stab him in exchange for their testimony. None of them cooperated with the investigation so there was very little evidence besides the tape and testimony of the guard.   

[Thomas]

 

The main question was anyway if the FILIPINOS can claim self defence.

 How on earth can they, they attacked the American!

 

Thomas he did did not start it, he intervened in an abusive verbal attack on the Security guard. The Report said that  the Aggression started from the 4 young men and ending in His Death by the events that Followed, My offering was, suppose he had Killed one of the 4. Would that be considered self defence.  

 

JP :tiphat:

In Major Anikow's case the security guard testified that the young guys got out of the car to confront Major Anikow after he tapped the vehicle and Anikow punched one of them knocking him down and the others "intervened" to help. Unfortunately, that part of it is not in the range of the CCTV tape. Maybe that's what happened, maybe not. He also testified that the American was drunk and aggressive. The prosecution made the strange decision to charge them all equally with murder, even though the evidence didn't seem to support it, instead of offering leniency to those who didn't actually stab him in exchange for their testimony. None of them cooperated with the investigation so there was very little evidence besides the tape and testimony of the guard.   

As Mike say, the American did MORE than being verbal abusive,

so the Filipinos could claim self defence in STARTUP,

but it's CRAZY two of them didn't got any hard punishment for RUNNING AFTER the American and stab him to death.  :bash:

 

> Mike      It's crazy the tape wasn't ENOUGH to give two of them hard punishment  :1 (103): :bash:

 

a wild range of replies,,, thanks for the input,

 I posted this so that  WE could at least have a better understanding of what the "law" is.

the chance of us (expats.forum members  or our wife,gf children) will ever encounter a situation like this are SLIM

but its better to have some type of knowledge about what the "law " is than claim ignorance.

Well. Yes, no big risk we will encounter a situation like this,

BUT I EXPECT it can be a self defence situaion at my rural home, because hard to avoid "everyone" will know, because of the tsismis  :)  a "kano"  (puti =white) is living there, so I suppouse big risk for break in attempt...

(= I will NOT live in a guarded gated subdivision  - but it seem it's BIGER risk to have guard...  :unsure:   (=In that case the guard didn't stop it,  a German (?) was killed outside his home by the subdivision guard, and a Swede was killed by his own company guard.) 

But if I start a production business, which is most likely, I plan to have a worker/guard of the PRODUCTION living at the entrance, with my living house some houndred meters behind the production, which make some guarding of my living house too, because IF going by road, then they have to pass the guard.)

[Jack Peterson]

 The Thing is, if the American had Killed the 4 young Rich guys that were attacking him. Would he have been Charged with Murder or would the Self Defence thing come in. Hmmmmmmmmmm I rather think Not so we go back to the Them and Us thing.  Do we not?  

 

 

 

 OK, now this was my original question. getting away from the American  issue and before we start to go around and around in Circles as we are none of us Lawyers at all and certainly not here. Lets just suppose.

 

Scenario:

 

 Me You or anyone here stupidly through Drink, starts a Fist fight in a Bar, All of a sudden there are 3 more guys joining in with him (The other Guy) and one of them pulls a Knife ( a gun or whatever)  and things get very serious. Now, more by luck than Judgement we get the knife or whatever from the guy who pulled it and as things progress we kill one of the other guys, bearing in Mind his intentions with that weapon, We stab Shoot or however it turns out,  one of these men. Is that Murder or Self defence.?

 

That Ladies and Gentlemen of the Jury, was My Question.

 

No Further questions your Honour.

 

JP 

[i am bob]

Just by your opening statement "You, me or anyone here...stupidly starts a fistfight..." provides the answer. You/me/anyone started the fight and also killed someone... Y/m/a are thus guilty.

[FlyAway]

Basically you are at the mercy of the police, prosecution, judicial and the public at large. You could pick a fight with a known a**h*le, kill him accidentally and everyone applauds your actions. You could be attacked by a 12 year old girl with a knife. She can stab you multiple times before you take deadly action in turn. Here you have an aggressor half your weight and physical size. Guess what? You are screwed!

 

A saying in the movie A Few Good Men, "I don't care about the truth, all I care about it what I can prove".

 

That statement is what you have to realize when dealing with any legal system. One law we should be really concerned about in Philippines is the "Eye witness" testimony over riding physical evidence. Like camera's proving a persons location far away from where the crime scene even occurred.

[Jack Peterson]

One law we should be really concerned about in Philippines is the "Eye witness" testimony over riding physical evidence

 

Hmmmmmmmmmm Seems to be so very true, and I daresay, Lucrative to some.

 

JP :tiphat:

[Thomas]

One law we should be really concerned about in Philippines is the "Eye witness" testimony over riding physical evidence. Like camera's proving a persons location far away from where the crime scene even occurred.

Yes.  I don't know if it's true, but a foreigner could PROVE he wasn't even in the Philippines, but he was found guilty after "eye witness" told it was the foreigner who did it !!!   :1 (103):

[frosty (chris)]

Story Time. Many years ago I owned a little pub in country W.A. The local police came to the pub for a meet and greet, free lunch and beer, they checked all my papers and licences to make sure all was in order. Well we got to having a few beers and the talk got around to break- ins and burglars and at this time we were stilling living in the pub. The coppers advice to me was, buy a firearm, learn how to use it, if I have a break in, just shoot the culprit, if he is injured or killed, go to the kitchen get the biggest knife there, make sure not to put any of my prints on it, go to the victim put it in their right hand to grip the knife and hold it there for a few seconds, turn the lights off and call the police. Luckily for me I never had to put this plan into operation.