This case has been cited 4 times or more.
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2000-09-20 |
BELLOSILLO, J. |
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| Likewise, the evidence at hand does not favor his claim of self-defense. The elements in order for self-defense to be appreciated are: (a) unlawful aggression on the part of the person injured or killed by the accused; (b) reasonable necessity of the means employed to prevent or repel it; and, (c) lack of sufficient provocation on the part of the person defending himself.[12] | |||||
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2000-09-14 |
BELLOSILLO, J. |
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| Where the accused invokes self-defense, as Calabroso does, it is incumbent upon him to prove by clear and convincing evidence that he indeed acted in defense of himself.[9] There are three (3) requisites to prove the claim of self-defense under Art. 11, par. 1, of the Revised Penal Code, namely, (a) unlawful aggression; (b) reasonable necessity of the means employed to prevent or repel it; and, (c) lack of sufficient provocation on the part of the person defending himself. In the same manner, an accused who invokes defense of a stranger pursuant to Art. 11, par. 3, of the same Code, has the burden of proving by clear and convincing evidence the exculpatory cause that would save him from conviction.[10] The first two (2) requisites of self-defense should also be present in defense of a stranger. A third requisite is that the person defending be not induced by revenge, resentment or other evil motive.[11] | |||||