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PEOPLE v. POTENCIANO MONTALBO

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GR NO. 153794
2006-06-26
SERGIO MARZONIA v. PEOPLE
QUISUMBING, J.
In our view, the stabbing of Eliseo by Sergio when Eliseo ran towards him was not a reasonably necessary means of repelling Eliseo's action.  More so since it was noted that Sergio is bigger than Eliseo,[42] who was unarmed.  As the Court previously held, mortally wounding an assailant with a penknife is not a reasonably necessary means to repel fist blows.[43]