This case has been cited 6 times or more.
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2013-07-31 |
REYES, J. |
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| It bears emphasizing that self-defense, like alibi, is an inherently weak defense for it is easy to fabricate. Thus, it must be proven by sufficient, satisfactory and convincing evidence that excludes any vestige of criminal aggression on the part of the person invoking it.[36] In order for self- defense to be appreciated, the accused must prove by clear and convincing evidence the following elements: (a) unlawful aggression on the part of the victim; (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.[37] | |||||
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2013-07-31 |
REYES, J. |
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| It is a statutory and doctrinal requirement that, for the justifying circumstance of self-defense, unlawful aggression as a condition sine qua non must be present. There can be no self-defense, complete or incomplete, unless the victim commits an unlawful aggression against the person defending himself.[38] There is unlawful aggression when the peril to one's life, limb or right is either actual or imminent. There must be actual physical force or actual use of a weapon.[39] | |||||
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2011-12-14 |
DEL CASTILLO, J. |
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| While it is the burden of the prosecution to establish the guilt of the accused beyond reasonable doubt, this burden shifts when the accused admits the killing and pleads self-defense by way of justification. It therefore becomes vital for the accused to show clear and convincing evidence that he acted in self-defense. In so doing, he must rely on the strength of his own evidence and not on the weakness of the prosecution's evidence. [38] | |||||
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2010-07-13 |
ABAD, J. |
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| As regards the civil indemnity to which the heirs of the victim are entitled, while this Court would affirm the award of P45,000.00 in actual damages, it must modify the awards to make them conform to the latest precedents, i.e., reduce the death indemnity to P75,000.00[34] and make additional awards of P50,000.00 in moral damages and P25,000.00 in exemplary damages (considering the attendance of at least one aggravating circumstance).[35] The Court will also grant the victim's heirs indemnity for loss of earning based on the testimony of Yrigan's wife that her husband earned P250.00 daily as a carpenter at the time of his death,[36] applying the following formula: Net Earning Capacity = 2/3 x (80 less the age of the victim at the time of death) x (Gross Annual Income less the Reasonable and Necessary Living Expenses)[37] | |||||
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2010-07-13 |
ABAD, J. |
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| As regards the civil indemnity to which the heirs of the victim are entitled, while this Court would affirm the award of P45,000.00 in actual damages, it must modify the awards to make them conform to the latest precedents, i.e., reduce the death indemnity to P75,000.00[34] and make additional awards of P50,000.00 in moral damages and P25,000.00 in exemplary damages (considering the attendance of at least one aggravating circumstance).[35] The Court will also grant the victim's heirs indemnity for loss of earning based on the testimony of Yrigan's wife that her husband earned P250.00 daily as a carpenter at the time of his death,[36] applying the following formula: Net Earning Capacity = 2/3 x (80 less the age of the victim at the time of death) x (Gross Annual Income less the Reasonable and Necessary Living Expenses)[37] | |||||
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2010-07-13 |
ABAD, J. |
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| Net Earning Capacity = 2/3 x (80 less the age of the victim at the time of death) x (Gross Annual Income less the Reasonable and Necessary Living Expenses)[37] | |||||