This case has been cited 2 times or more.
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2002-02-06 |
PARDO, J. |
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| Consequently, we rule that the prosecution failed to prove that the accused-appellants took advantage of their superior strength. Hence, the offense committed is homicide, not murder.[17] | |||||
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2001-03-07 |
DE LEON, JR., J. |
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| There is no dispute that the victim, Baldomero San Juan, died at the hands of accused-appellant Antonio L. Samudio. Accused-appellant Antonio L. Samudio's claim of self-defense is seriously in doubt. When an accused claims self-defense, the burden of proof shifts to him to establish by clear and convincing evidence the elements thereof, namely: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent and repel it; and, (c) lack of sufficient provocation on the part of the person defending himself. Among the three circumstances, unlawful aggression is the most important for without it, self-defense cannot exist.[30] | |||||