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**_Cathy_** · October 11th, 2024 09:56 PM

Originally Posted by oj88

Fired 4 shots though (1 apparently missed).... leg, neck, and head. That might complicate things for a self-defense plea. Hard to tell exactly from the CCTV but it seems that he was already immobilized when he received the fatal shot.

oh! should have just immobilized the driver lang nga

Lawyers, pwede ba mag settle or pag may namatay kailangan pa rin talaga makulong?

**Dr.Kamiya** · October 12th, 2024 12:25 AM

Originally Posted by Ry_Tower

Walang manslaughter sa Pinas.

Isn't it synonymous with homicide?

From the wiki definition (according to United States law):

First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony (thereby triggering the felony-murder rule).

Originally Posted by _Cathy_

oh! should have just immobilized the driver lang nga

Lawyers, pwede ba mag settle or pag may namatay kailangan pa rin talaga makulong?

Lots of arguments used to justify killing an attacker who's already down. Imperfect self-defense or basically misjudging the amount of force necessary to defend oneself, up to believing that killing the other person is the only way to be truly 'safe'. There's also diminished capacity usually associated with temporary insanity. Jacked up on adrenaline and not thinking straight = shoot an aggressor when he's down.

local law firm page on self-defense: Self-Defense Philippines — Respicio & Co.

AFAIK the important part lang is the person doing self-defense is not the initiator.

I think the Vios driver will win this. The taxi guy was clearly being overly aggressive.

**dr. d** · October 12th, 2024 12:56 AM

Originally Posted by oj88

Fired 4 shots though (1 apparently missed).... leg, neck, and head. That might complicate things for a self-defense plea. Hard to tell exactly from the CCTV but it seems that he was already immobilized when he received the fatal shot.

i don't know...,
"in the heat of the event, i was more interested in saving myself than in saving his life."
and here we are, arguing in the comfort of our homes, in our own time, on what he should have done during those short moments...
i wonder what the authorities will say.
heh heh.

but i am curious,
ano ba talaga nangyari? sino nasa lugar at sino sumisingit? if alternating, was it obvious that alternation was the norm?

**Motortrend** · October 12th, 2024 06:56 AM

Originally Posted by dr. d

i don't know...,
"in the heat of the event, i was more interested in saving myself than in saving his life."
and here we are, arguing in the comfort of our homes, in our own time, on what he should have done during those short moments...
i wonder what the authorities will say.
heh heh.

but i am curious,
ano ba talaga nangyari? sino nasa lugar at sino sumisingit? if alternating, was it obvious that alternation was the norm?

Responsible gun owners will consider every other alternative before drawing his gun.

**dr. d** · October 12th, 2024 11:49 AM

Originally Posted by Motortrend

Responsible gun owners will consider every other alternative before drawing his gun.

the posted link above (respicio & co.) does suggest that there may be considerable leeway in the argument in this instance...
"it's a lawyer's playground!"
heh heh.

**Motortrend** · October 12th, 2024 12:21 PM

Originally Posted by dr. d

the posted link above (respicio & co.) does suggest that there may be considerable leeway in the argument in this instance...
"it's a lawyer's playground!"
heh heh.

I trust you read this part: "but must not employ excessive force that goes beyond what is necessary to avert the threat."

**dr. d** · October 12th, 2024 12:35 PM

Originally Posted by Motortrend

I trust that you read this part: "but must not employ excessive force that goes beyond what is necessary to avert the threat."

yes, i read.
and it's gonna be a lawyer's playground.

"we may have all read the same literature, but our interpretation may vary."
we frequently encounter this situation, in life.