This case has been cited 1 times or more.
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2015-09-02 |
MENDOZA, J. |
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| In the case at bench, the lone stab wound located on the victim's chest supports the argument that Cristina feared for her life and this fear impelled her to defend it by stabbing him. It was a reasonable means chosen by her in view of the attending circumstances, to wit: that her stronger husband, who had earlier pointed the said knife to her throat, approached her and grabbed her arm, despite her plea that he refrain from coming near her; and that she had no other available means or any less deadly weapon to repel the threat other than the knife in her hand. She did not have the time or sufficient tranquillity of mind to think, calculate and choose the weapon to be used. In predicaments like this, human nature does not act upon the processes of formal reason but in obedience to the instinct of self-preservation.[24] When it is apparent that a person has reasonably acted upon this instinct, it is the duty of the courts to sanction that act or to mitigate his liability.[25] | |||||