FACTS: There was a location shooting of the motion picture "Ako Ang Sasagupa"

somewhere in Quezon City. Accused Eduardo Fernandez was playing the leading
man's role, Rosanna Ortiz starring as the leading lady.
Renato Pangilinan (the deceased) together with his driver Apolinario Lopez and
another companion, Hilario Sigua, arrived at the place purportedly to see
Rosanna. As Fernandez and Labra were then drinking they invited Pangilinan
and Sigua to join them, which the latter two did. Fernandez, voiced his
resentment about Rosanna's having caused delay in their location shooting that
day.
Later that day, two policemen arrived by reason of some information that there
are people carrying guns in that location. Pangilinan and Sigua admitted but
claimed that their guns were licensed. Nonetheless they were invited in the police
station. Ortiz and Fernandez, together with some crew, rode a jeep and followed
them. Pangilinan and Siguas guns were cleared on the same day.
However, when Rosana saw that Pangilinan and his group were already coming
out of the precinct, she did not go back to the jeep but instead went to ride in
Pangilinan' s car and instead of proceeding towards the scene of the location
shooting, the car turned right heading for Manila. Fernandez and his companions
followed them. When the car came to a full stop because of traffic jam, Fernandez
and Antido, armed with firearms, approached Pangilinan's car. Fernandez
warned them not to move if they do not want to get hurt and berated Rosanna for
taking French leave and not going back to their work. Pangilinan said "Talagang
asar and tarantadong ito. Sige, Totoy, tirahin mo na." And ready as he was, Sigua
shot Fernandez. Antido fired at Pangilinan and Lopez to avoid them from joining
Sigua's assault upon his master Fernandez. It was proved that Fernandez also
fired his gun however it does not appear that he had hit anyone. Pangilinan died.
ISSUE: WON the acts of Antido are justified by reason of defense of strangers

HELD: NO. The requisite of lack of sufficient provocation is absent. The acts of
Fernandez and Antido Fernandez and Antido, both of them brandishing their
respective firearms, having approached Pangilinan's car, and with Fernandez
berating Ortiz, constituted sufficient provocation for Pangilinan and his
companions to react.
There was sufficient provocation on the part of Fernandez and
Antido. But there was unlawful aggression on the part of Sigua. The
court appreciated the mitigating circumstance of having acted in incomplete
defense of Fernandez. He only reacted to the assault upon Fernandez by
Sigua, sensing evidently that Pangilinan and Lopez might join Sigua.
Inasmuch as the provocation came principally from Fernandez and it is
satisfactorily proven that he also fired his gun, he must also be liable for the death
and injuries that resulted from his acts, even if it does not appear that he himself
hit Pangilinan and Lopez. As in the case of Antido, he tried to repeal an
aggression with means which cannot be said to be unreasonably uncalled for in
the premises.
FERNANDEZ AND ANTIDO BOTH GUILTY OF HOMICIDE AND
FRUSTRATED HOMICIDE