This case has been cited 6 times or more.
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2005-09-30 |
TINGA, J. |
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| Self-defense, like alibi, is a defense which can easily be concocted. It is well-settled in this jurisdiction that once an accused has admitted that he inflicted the fatal injuries on the deceased, it is incumbent upon him in order to avoid criminal liability, to prove the justifying circumstance claimed by him with clear, satisfactory and convincing evidence. He cannot rely on the weakness of the prosecution but on the strength of his own evidence, "for even if the evidence of the prosecution were weak it could not be disbelieved after the accused himself had admitted the killing."[48] Thus, petitioner must establish with clear and convincing evidence that the killing was justified, and that he incurred no criminal liability therefor. | |||||
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2001-10-16 |
PANGANIBAN, J. |
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| We disagree. Reckless imprudence consists of voluntarily doing or failing to do, without malice, an act from which material damage results by reason of an inexcusable lack of precaution on the part of the person performing or failing to perform such act. Past jurisprudential cases of reckless imprudence resulting in homicide were as follows: (1) exhibiting a loaded revolver to a friend, who got killed by the accidental discharge arising from negligent handling; (2) discharging a firearm from the window of one's house and killing a neighbor who, at just that moment, leaned over a balcony front; and (3) firing a .45 caliber pistol twice in the air to stop a fist fight; and, as the fight continued, firing another shot at the ground but, after the bullet ricocheted, hitting a bystander who died thereafter. [28] | |||||
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2001-10-16 |
PANGANIBAN, J. |
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| In People v. Belbes,[30] the Court found no reckless imprudence in the shooting of a student who, in the act of destroying the school's bamboo wall, had been caught by a policeman who was responding to a report that somebody was causing trouble in a school affair. The policeman's action cannot be characterized as reckless imprudence, because the shooting was intentional. The accused had intended to fire at the victim and in fact hit only the latter. In this case, resenting his son's meddling in his argument with his wife, appellant purposely took his gun and shot his son. | |||||
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2001-08-08 |
YNARES-SANTIAGO, J. |
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| The trial court correctly disregarded accused-appellant's claim of self-defense. To prove self-defense, the accused must show with clear and convincing evidence, that: [1] he is not the unlawful aggressor; [2] there was lack of sufficient provocation on his part, and [3] he employed reasonable means to prevent or repel the aggression. Self-defense, like alibi, is a defense which can easily be concocted. It is well-settled in this jurisdiction that once an accused had admitted that he inflicted the fatal injuries on the deceased, it was incumbent upon him, in order to avoid criminal liability, to prove the justifying circumstance claimed by him with clear, satisfactory and convincing evidence. He cannot rely on the weakness of his own evidence, "for even if the evidence of the prosecution were weak it could not be disbelieved after the accused himself had admitted the killing."[4] | |||||
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2001-01-19 |
YNARES-SANTIAGO, J. |
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| To prove self-defense, the accused must show with clear and convincing evidence, that: [1] he is not the unlawful aggressor; [2] there was lack of sufficient provocation on his part; and [3] he employed reasonable means to prevent or repel the aggression. Self-defense, like alibi, is a defense which can easily be concocted. It is well-settled in this jurisdiction that once an accused had admitted that he inflicted the fatal injuries on the deceased, it was incumbent upon him, in order to avoid criminal liability, to prove the justifying circumstance claimed by him with clear, satisfactory and convincing evidence. He cannot rely on the weakness of the prosecution but on the strength of his own evidence, "for even if the evidence of the prosecution were weak, it could not be disbelieved after the accused himself had admitted the killing."[4] | |||||