This case has been cited 3 times or more.
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2008-06-17 |
QUISUMBING, J. |
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| In effect, POEA Memorandum Circular No. 11-00 thereby paved the way for the application of the POEA Standard Employment Contract based on POEA Memorandum Circular No. 055, series of 1996. Worth noting, Jerry boarded the ship on August 2001 before the said temporary restraining order was lifted on June 5, 2002 by virtue of Memorandum Circular No. 2, series of 2002.[24] Consequently, Jerry's employment contract with Coastal must conform to Section 20(A) of the POEA Standard Employment Contract based on POEA Memorandum Circular No. 055, series of 1996, in determining compensability of Jerry's death. | |||||
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2003-04-29 |
YNARES-SANTIAGO, J. |
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| In the instant case, even if it was true that the initial act of aggression came from the deceased, still the appellants' plea of self-defense will not prosper. As stated above, the evidence overwhelmingly shows that appellants Crisanto and Hilario were able to restrain the victim by the wrists. At that point, any unlawful aggression or danger on the lives of the appellants ceased, hence, it was no longer necessary for appellant Clarence to repeatedly stab the victim. Verily, their act could no longer be interpreted as an act of self-preservation but a perverse desire to kill.[21] Furthermore, the number of wounds sustained by the victim negates self-defense. It certainly defies reason why the victim sustained a total of 15 wounds on the different parts of his body if appellants were only defending themselves. Parenthetically, the number of wounds was eloquently established by the physical evidence, which is a mute manifestation of truth and ranks high in the hierarchy of trustworthy evidence.[22] | |||||