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PEOPLE v. CRISPULO DIJAN Y MACAJIYA

This case has been cited 1 times or more.

2009-10-02
VELASCO JR., J.
But assuming arguendo that there was unlawful aggression on Ramon's part, the Court distinctly notes that the means accused-appellant employed to prevent or repel the supposed unlawful aggression were far from reasonably necessary. The number and nature of the wounds sustained by Ramon certainly belie a claim of self-defense. It is worth stressing that accused-appellant inflicted nine stab wounds on Ramon after he pumped a bullet on the latter's lower left chest. Said gunshot wound, as medical report later showed, was by itself already fatal. Significantly, after Ramon fell as a result of his bullet wound, accused-appellant still proceeded to stab him. As aptly observed by the trial court, Ramon could not have walked far after he was hit by the bullet.[31] Accused-appellant's pretense, therefore, that he had no intention to harm Ramon after the shooting and that he only approached the fallen Ramon to bring him to the doctor, stretches credulity to the absurd and must be rejected. Certainly, the nature and number of the injuries inflicted by accused-appellant on the victim should be significant indicia in determining the plausibility of the self-defense plea.[32]