This case has been cited 2 times or more.
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2007-04-13 |
CALLEJO, SR., J. |
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| Thirdly, if it were true that petitioner stabbed Dean merely to defend himself, it defies reason why he had to stab the victim three times. Petitioner's claim that Dean suffered only a single non-life threatening wound is misleading. Dr. Rimando, who attended to and operated on Dean, testified that the victim sustained three (3) stab wounds, two (2) of which penetrated his heart and lung, causing massive blood clotting necessitating operation; the other lacerated Dean's his right elbow. The presence of these wounds, their location and their seriousness would not only negate self-defense; they likewise indicate a determined effort to kill.[61] Moreover, physical evidence is evidence of the highest order. It speaks more eloquently than a hundred witnesses.[62] | |||||
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2006-06-26 |
QUISUMBING, J. |
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| Significantly, by pleading self-defense, Sergio admitted killing Eliseo. To be exonerated of the crime, Sergio must prove the essential requisites of self-defense.[40] But the defense failed to establish by clear and convincing testimony that Eliseo had pushed Sergio and pummeled Sergio with fist blows. The medical evidence also could not support Eliseo's claim of any aggression by Sergio. All that was established from the testimonies of Danilo and Rosemarie was that Eliseo ran towards Sergio. Given the occurrence of the prior shouting match and mutual challenges between Sergio and Eliseo, Eliseo's alleged action cannot be considered a sudden and unexpected attack on Sergio as to constitute unlawful aggression. Unlawful aggression means an actual, sudden and unexpected attack on the life and limb of a person or an imminent danger thereof, and not merely a threatening or intimidating attitude.[41] | |||||