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PEOPLE v. JOSE BITOON

This case has been cited 3 times or more.

2003-08-28
DAVIDE JR., C.J.
We cannot give credence to Ernesto's version of self-defense, which is self-serving and uncorroborated. A plea of self-defense cannot be justifiably appreciated, especially when uncorroborated by independent and competent evidence or when it is extremely doubtful.[37] The physical evidence shows that Remegio suffered two hack wounds on the head and four incised wounds on the neck, face and elbow, which contradicts Ernesto's claim of self-defense. It certainly defies reason why Ernesto had to inflict such injuries on Remegio if he were only defending himself. The nature and number of wounds are important indicia that disprove his plea of self-defense and demonstrate a criminal mind resolved to end the life of the victim.[38]
2000-04-19
BELLOSILLO, J.
More so will the plea be disregarded when we take into account the number of wounds on Jimmy's body -four (4) simultaneous gunshot wounds at the back, two (2) gunshot wounds at the upper back, two (2) gunshot wounds at the back of arms and only one (1) gunshot wound at the front left hip. It is an oft- repeated rule that the nature and number of wounds inflicted by the accused are constantly and unremittingly considered as important indicia which disprove a plea for self-defense because they demonstrate a determined effort to kill the victim and not just defend oneself.[21]
2000-01-19
PARDO, J.
Further negating the claim of self-defense is the manner in which the victim had been stabbed to death, which does not show reasonable means to repel an aggression. Evidence shows that the victim Franklin Bello died from multiple stab wounds. Pictures taken at the scene of the crime reveal that the stomach of the deceased had been slashed and the intestines protruded. There were also several bloodied marks on the head and other parts of the body of the deceased. The nature, location and number of wounds inflicted on the victim indicate a determined effort to kill him.[23]