This case has been cited 4 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| In our view, treachery has been adequately proved in the present case. The records show that appellant obtained a firearm from his co-workers, proceeded to the victim's house, roused him from his sleep by calling out his name, and without hesitation, barged into the sala of the newly awakened victim and shot him without warning or provocation. That the victim and his assailant come face to face at the time of the shooting would not negate treachery, in our view, where it appears that the attack was not preceded by a dispute and the offended party was unable to prepare for his defense.[59] | |||||
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2003-10-07 |
YNARES-SANTIAGO, J. |
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| For self-defense to prosper, petitioner must prove by clear and convincing evidence the following elements: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.[37] Although all the three elements must concur, self-defense must rest firstly on proof of unlawful aggression on the part of the victim. If no unlawful aggression has been proved, no self-defense may be successfully pleaded, whether complete or incomplete.[38] In other words in self-defense, unlawful aggression is a primordial element. It presupposes an actual, sudden and unexpected attack or imminent danger on the life and limb of a person - not a mere threatening or intimidating attitude - but most importantly, at the time the defensive action was taken against the aggressor.[39] | |||||
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2003-01-31 |
YNARES-SANTIAGO, J. |
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| The amount of P75,000.00 as civil indemnity awarded by the trial court for the death of David Galvez should be reduced to P50,000.00, pursuant to the prevailing jurisprudence.[30] Moral damages in the amount of P50,000.00 may be additionally awarded to the heirs of the victim without need for proof other than the fact of death of the victim.[31] The award of P57,000.00 as actual damages for the hospitalization and medical expenses incurred by Salvador Galvez, Jr., being amply supported by receipts,[32] is sustained. | |||||
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2002-08-22 |
YNARES-SANTIAGO, J. |
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| on the part of the person defending himself.[10] Although all the three elements must concur, self-defense must rest firstly on proof of unlawful aggression on the part of the victim. If no unlawful aggression has been proved, no self-defense may be successfully pleaded, whether complete or incomplete.[11] In other words in self-defense, unlawful aggression is a primordial element. It presupposes an actual, sudden and unexpected attack or imminent danger on the life and limb of a person not a mere threatening or intimidating attitude at the time the defensive action was taken against the aggressor.[12] In the case at bar, even if we sustain the version of accused-appellant that the initial act of aggression came from the deceased, we cannot uphold his plea of self-defense. While indeed, the drunken victim initially brandished his handgun and aimed it at accused-appellant, | |||||