This case has been cited 3 times or more.
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2015-10-20 |
PERALTA, J. |
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| It was obvious then, as it is now, that the accused in Colinares should not have been allowed the benefit of probation. As I have previously stated and insisted upon, probation is not a right granted to a convicted offender; it is a special privilege granted by the State to a penitent qualified offender,[39] who does not possess the disqualifications under Section 9 of P.D. No. 968, as amended.[40] Likewise, the Probation Law is not a penal law for it to be liberally construed to favor the accused.[41] | |||||
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2011-12-13 |
ABAD, J. |
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| In homicide, whether consummated, frustrated, or attempted, self-defense requires (1) that the person whom the offender killed or injured committed unlawful aggression; (2) that the offender employed means that is reasonably necessary to prevent or repel the unlawful aggression; and (3) that the person defending himself did not act with sufficient provocation.[5] | |||||