Lack of sufficient provocation in self-defense

As to the third requisite of self-defense, the provocation must be insufficient. It should be proportional to the aggression and adequate to stir the aggressor to its commission. To be entitled to self-defense, however, the one defending himself must not have given cause for the aggression by his unjust conduct or by inciting or provoking the aggressor. Or, at least, that any provocation executed by the person claiming self-defense be not the proximate and immediate cause of the victim’s aggression. (People vs. Rabanal, G.R. No. 146687, 22 August 2002, 387 SCRA 85; Rimano vs. People, G.R. No.156567, 27 November 2003, 416 SCRA 569)

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