This case has been cited 3 times or more.
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2012-01-18 |
BERSAMIN, J. |
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| It is fundamental that the question as to who between the accused and the victim was the unlawful aggressor is a question of fact addressed to the trial court for determination based on the evidence on record.[17] The records show that the version of PO2 Valdez was contrary to the established facts and circumstances showing that he and Edwin, then armed with short firearms, had gone to the jai alai betting station of Moises to confront Jonathan Rubio, the teller of the betting booth then busily attending to bettors inside the booth; that because the accused were calling to Rubio to come out of the booth, Moises approached to pacify them, but one of them threatened Moises: Gusto mo unahin na kita?; that immediately after Moises replied: Huwag!, PO2 Valdez fired several shots at Moises, causing him to fall to the ground; that PO2 Valdez continued firing at the fallen Moises; that Ferdinand (another victim) rushed to aid Moises, his brother, but Edwin shot Ferdinand in the head, spilling his brains; that somebody shouted to Joselito (the third victim) to run; that Edwin also shot Joselito twice in the back; and that Joselito fell on a burger machine. The shots fired at the three victims were apparently fired from short distances. | |||||
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2010-07-06 |
BERSAMIN, J. |
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| Toribio did not convincingly establish, first of all, that there was unlawful aggression against him. His claim that Edgardo and the Bernals had attacked him with a lead pipe and wooden club, which impelled him to stab Edgardo, became implausible to the lower courts, and to us, too, because Toribio did not even submit himself to any medical attention. He should have done so, if, truly, he had sustained injuries at the hands of the victim and his group. At any rate, the question as to who between the accused and the victim was the unlawful aggressor was a question of fact best addressed to and left with the trial court for determination based on the evidence on record.[32] | |||||
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2006-12-06 |
TINGA, J. |
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| There can be no self-defense, complete or incomplete, unless the accused proves the first essential requisite unlawful aggression on the part of the victim. Unlawful aggression presupposes an actual, sudden and unexpected or imminent danger on the life and limb of a person a mere threatening or intimidating attitude is not sufficient. There must be actual physical force or a threat to inflict physical injury. In case of a threat, it must be offensive and positively strong so as to display a real, not imagined, intent to cause injury. Aggression, if not continuous, does not constitute aggression warranting self-defense.[18] | |||||