This case has been cited 2 times or more.
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2015-09-02 |
MENDOZA, J. |
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| To invoke self-defense, in order to escape criminal liability, it is incumbent upon the accused to prove by clear and convincing evidence the concurrence of the following requisites under the second paragraph of Article 11 of the RPC, viz: (1) unlawful aggression; (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.[15] | |||||
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2015-06-29 |
BERSAMIN, J. |
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| We uphold the finding and holding of the CA. Batulan, albeit the initial aggressor against Dulin, ceased to be the aggressor as soon as Dulin had dispossessed him of the weapon. Even if Batulan still went after Dulin despite the latter going inside the house of Danao, where they again grappled for control of the weapon, the grappling for the weapon did not amount to aggression from Batulan for it was still Dulin who held control of the weapon at that point. Whatever Dulin did thereafter – like stabbing Batulan with the weapon – constituted retaliation against Batulan. In this regard, retaliation was not the same as self-defense. In retaliation, the aggression that the victim started already ceased when the accused attacked him, but in self-defense, the aggression was still continuing when the accused injured the aggressor.[23] As such, there was no unlawful aggression on the part of Batulan to justify his fatal stabbing by Dulin. | |||||