This case has been cited 1 times or more.
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2003-10-07 |
YNARES-SANTIAGO, J. |
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| Petitioner borrowed the permit of the victim and had it photocopied without the latter's permission two (2) days before the incident.[55] The victim and his wife resented this. However, this can hardly be considered a provocation sufficient to merit so deadly an assault with a bladed weapon. Moreover, the act was neither immediate nor proximate.[56] What, in fact, appears on record is the bellicose temperament of the victim and his spouse who, despite the advice of their Aunt Maria Cano to calm down, still persisted in confronting petitioner. When the question is raised who between the accused and the offended party gave provocation, the circumstances of subjective, objective and social character may be considered in reaching a definite conclusion.[57] Thus an accused, to prove provocation in connection with his plea of self-defense, may show that the victim, as in this case, had a quarrelsome and irascible disposition.[58] | |||||