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Katarungang Pambarangay Law

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$%&'( )L%'*(+, '. petitioner s. (+. (S1 L. C(SC(LL&1L% '. asPresiing uge o )ran3h C4L5 '15(+%L 7'5%L C(&'7 +%75(+%L C%P57%L'15(+ $%K%75 $17'( $%+5L% an $%. '(S%'5( %'%+17% )L%'*(+,

responents.8990 :ebruary 2;8st *iision.'. +o.

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properties an he praye the 3ourt to orer a air an eGuitable issolution otheir 3onEugal partnership in a33oran3e with law. p.

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aopt an in3onsistent posture by atta3@ing the Eurisi3tion o the 3ourt towhi3h they ha submitte themseles oluntarily. 'oyales s. 5ntermeiate%ppellate Court 82< SC'% M

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$%&'( )L%'*(+, '. petitioner s. (+. (S1 L. C(SC(LL&1L% '. asPresiing uge o )ran3h C4L5 '15(+%L 7'5%L C(&'7 +%75(+%L C%P57%L'15(+ $%K%75 $17'( $%+5L% an $%. '(S%'5( %'%+17% )L%'*(+,responents. .'. +o.

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6F ,1%'S an (+1 8F *%, o prision mayor as maHimum an to inemniythe sai '(*(L:( C&$%'%7 in the sum o (+1 7(&S%+* 157 &+*'1*:5:7, P8;B0.00F P1S(S as a3tual amages an in the sum o 7'117(&S%+* PA000.00F Pesos Philippine Curren3y as moral amageswithout subsiiary imprisonment in 3ase o insolen3y.

7he @nie brea sli3erF use in the 3ommission o sai 3rimes is orere3onis3ate in aor o the oernment.

7he a33use shall also pay the 3osts. 8

+ot satisie therewith the petitioner eleate this 3ase to the hereinresponent Court o %ppeals. 7he responent Court airme in toto thee3ision o the trial 3ourt. oweer in the ratio e3ieni o its e3ision theresponent Court brushe asie a is3ussion in relation to the 3ase at bar othe most important reGuisite o the Eustiying 3ir3umstan3e o sel-eensei.e. unlawul aggression an merely pro3eee in aEui3ating the 3ase baseon the absen3e o the se3on reGuisite o sel-eense that o the reasonable

ne3essity o the means employe to preent or repel it. 2 5t hel that?

Ne are now 3alle upon to rule on the appellantDs plea o sel-eense.%ssuming or the sa@e o argument that the 3ir3umstan3es here as es3ribeby the witnesses or the eense are true Ne 3annot see our way 3lear to3reiting appellant with the Eustii3ation or ta@ing the lie o :eeri3o )ayyaan or inli3ting upon 'oolo Cumarat with a stab woun whi3h nearly3ause CumaratDs lie or it is 3lear rom the eien3e that the our men wereunarme the 3laim that one o them was 3arrying a 3lub is harly to bebelieeF an the a33use himsel state that the atta3@ers were only using

their ists on him. is 3laim that there were Dmany peopleD may be true in thesense that there were many passersby. )ut as ar as persons atta3@ing himwere 3on3erne there were only our or whi3h reason Ne in it harlyEustiiable or him to use his brea@nie against his atta3@ers a weapon whi3hproe so lethal that only one thrust on the i3tim was atal enough. A

5n assuming or the sa@e o argument that the eenseDs ersion o the a3ts istrue an then ruling on the 3ase only on the basis o the se3on reGuisite osel-eense the responent Court pae the way or this petition or reiewon 3ertiorari. 7he petitioner then saw the ripe opportunity to 3all or aninterpretation an a 3orre3t appli3ation o the se3on reGuisite o sel-eense.

7he a3ts o the 3ase as oun by the responent Court are herein reprou3eto wit?

:a3ts +ot Conteste?

5t was the town iesta o Santiago 5sabela an the streets were ull opeestrians. %t 8?00 in the early morning o uly 26 89

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their way home rom a late moie. (n the same roa an going along thesame ire3tion were our men the e3ease :eeri3o )ayya his 3ousin:ernano )ayya 'oolo Cumarat an one other who too were on their wayhome ater haing run@ one bottle o beer ea3h in a nearby restaurant when:eeri3o )ayya happene to bump 1uemia eense says he @isse 1uemiaFwhi3h isplease the a33use 3ausing the latter to boH :eeri3o. :eeri3o trieto retaliate but ue to the interention o the lay 3ompanion o the a33use.:eeri3o was appease an both groups pro3eee on their way.

*ispute :a3ts?

%33oring to the prose3ution witnesses ater the bumping @issingF in3ient:eeri3o an his 3ompanions wal@e ahea o the group o the a33use butupon rea3hing the interse3tion o the roa where they were about to turn togo to their respe3tie houses the a33use suenly 3aught up with them anwithout any wor o warning stabbe irst 'oolo Cumarat or the let sie ohis abomen ollowe by another stab at :eeri3o. :eeri3oDs stab wounproe atal while 'ooloDs although li@ewise atal was attene to on time

an ortunately treate ee3tiely thus aerting his eath.

7he eense on the other han thru witnesses 1uemia an Sally Calso oera ierent ersion. 7hey 3laim that ater the Dirst in3ientD they pro3eee towal@ ahea with the our men trailing behin themI an when they wereabout to rea3h the interse3tion one o the our men who was later ientiieby the witnesses as 'oolo Cumarat trie to 3at3h up with %nres anpla3ing his han oer %nresD shouler boHe %nres twi3e. %nres trie torun away but all the our men 3hase him an starte to pummel him with istblows. %nres testiies that one o his atta3@ers was 3arrying a 3lub with whi3h

he sought to stri@e the a33use. t.s.n. pp. A-88 %pril 2 89. Nhy were you not able to rea3h the house o 1uemia Calso on thatparti3ular night%. Nhen we were about to rea3h the Kwi@way or the 3orner a 3ertain manput his arms on my shouler.

>. %ter that man pla3e his arms on your shouler what happene neHt iany%. 7hat man when he pla3e his arm on my shouler boHe me on my throatan then the arms whi3h was pla3e on my shouler boHe me at the ba3@ o

my hea.

>. *o you @now that man who pla3e his arms aroun your shouler anboHe you%. )eore 5 i not @now the name o that man an 5 3ame to @now him onlyuring the inestigation.

>. %n what is the name%. 'oolo Cumarat sir.

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>. %ter 'oolo Cumarat boHe you in your throat an nape what happeneneHt i any

$ay we ma@e the obseration that the tren o the Guestion woul lea thewitness.

C(&'7?Sustaine.

%tty. *eli"o.

>. Nhen 'oolo Cumarat boHe you what i you o i any%. %ter 'oolo Cumarat boHe me 5 ran rom here to that pla3e an then his3ompanions got near me with 3lubs an they starte boHing me.

>. ow many persons hae you seen with a 3lub on that parti3ular night%. (nly one sir.

>. %n how many persons were boHing you%. 5 i not @now sir be3ause when they were boHing me 5 3oere my a3ewitness emonstrating the way he pla3e both his hans in his a3e an3rou3h with his hans trying to prote3t his hea an a3eF. %n when 5 put upmy a3e 5 saw plenty o persons.

>. Nhere i you see those persons%. 7he pla3e where they oertoo@ me sir.

>. Nhen you were boHe by those persons whom you o not @now the

number what i you o i any:is3al Lope"?$isleaing.

%tty. *eli"o?5 withraw my Guestion.

>. ,ou sai you saw a man with a 3lub what i that man o i any%. 7he man with a 3lub 3lubbe me.

>. Nhat part o your boy was hit%. 'ight shouler sir.

>. ow many times were you hit by the 3lub%. 5 onDt remember how many times sir.

>. ow about 'oolo Cumarat what i he o i any%. 'oolo Cumarat also boHe me an when 5 3rou3he an 3oere my a3e'oolo @ept on boHing me an when 5 raise my a3e 5 saw alreay manypeople.

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>. *o you @now how many times were you boHe by those persons whoboHe you%. 5 onDt @now how many times sir.

>. Nhat i you o i any when you were boHe an 3lubbe by thosepersons%. Nhen 5 lite my a3e 5 loo@e aroun an saw many people an they tolme that they are going to @ill me an 5 remember my @nie brea sli3er in mywaist. M

%33oring to the responent Court the petitioner was not Eustiie in using his@nie as against the bare ists o the unarme group o his allege assailants.5n aition the responent Court mae the obseration that the a33use wasa little too ast an impruent in the use o his brea@nie or there really wasno imminent anger to his lie an limb when he wiele it against thee3ease an 'oolo Cumarat. B ConseGuently it hel that the se3onreGuisite o sel-eense was absent in this 3ase.

7he petitioner 3laime otherwise hen3e this petition.

5t must be note that the petitioner originally pleae sel-eense. 5n this@in o a eense the buren o proo rests upon the a33use. is uty is toestablish sel-eense by eien3e 3lear an 3onin3ing relying on thestrength o his own eien3e not on the wea@ness o the prose3ution. 6

7he irst reGuisite o sel-eense is inispensable. 7here 3an be no sel-eense until it is proe that there has been unlawul aggression on the part

o the person inEure or @ille by the a33use.