DIGESTED CASES

Jun 21st, 2015
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University of Mary Washington
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Appellant assails the trial court and the CA for giving credence to the prosecution’s evidence. He admits having killed Regis and wounding Dalit, but insists that he did so in self-defense.

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DIGESTED CASESPeople vs. GutierrezG.R. No. 188602, February 4, 2010Murder, Self-defenseFacts: On August 15, 2003, five (5) separate Informations for murder, frustrated murder and three (3) counts of attempted murder were filed against appellant.When arraigned, appellant, with the assistance of counsel de oficio, entered a plea of not guilty to the charges. Trial on the merits then ensued.Not finding credence in appellant's claim of self-defense, the RTC convicted him of murder, frustrated murder and attempted murder on three (3) counts.Appellant assails the trial court and the CA for giving credence to the prosecutions evidence. He admits having killed Regis and wounding Dalit, but insists that he did so in self-defense.Issue: Did the accused act in self-defense?Ruling: No. Self-defense is an affirmative allegation and offers exculpation from liability for crimes only if satisfactorily proved. It requires (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed by the accused to repel it; and (c) lack of sufficient provocation on his part.In People of the Philippines v. Bienvenido Mara, we explained:One who admits killing or fatally injuring another in the name of self-defense bears the burden of proving: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it

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