This case has been cited 3 times or more.
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2011-11-23 |
BERSAMIN, J. |
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| Firstly, the elements of the plea of self-defense are: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent or repel the unlawful aggression; and (c) lack of sufficient provocation on the part of the accused in defending himself.[9] | |||||
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2009-05-08 |
VELASCO JR., J. |
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| For the mitigating circumstance of voluntary surrender to be appreciated, the surrender must be spontaneous and in a manner that shows that the accused made an unconditional surrender to the authorities, either based on recognition of guilt or from the desire to save the authorities from the trouble and expenses that would be involved in the accused's search and capture.[22] Moreover, it is imperative that the accused was not actually arrested, the surrender is before a person in authority or an agent of a person in authority, and the surrender was voluntary.[23] | |||||
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2008-01-22 |
YNARES-SATIAGO, J. |
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| In invoking self-defense, whether complete or incomplete, the onus probandi is shifted to the accused to prove by clear and convincing evidence all the elements of justifying circumstance, namely: (a) unlawful aggression on the part of the victim; (b) the 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.[8] | |||||