Jacobo Vs Ca - D

ALEX JACOBO y SEMENTELA, petitioner, vs.
COURT OF APPEALS and PEOPLE OF THE

PHILIPPINES, respondents.
[G.R. No. 107699. March 21, 1997]
Self-defense in a prosecution for homicide shifts the burden of proof to the appellant. Having
admitted the killing, the accused must prove by convincing evidence the various elements of his chosen
defense. On appeal, this burden becomes even more difficult as petitioner must show that the courts
below committed reversible error in appreciating the evidence and the facts, for basic is the rule that
factual findings of trial courts, when affirmed by the appellate court, are binding upon the Supreme Court.
Where two persons agree to fight, there is no unlawful aggression; where there is no unlawful aggression,
there can be no self-defense.
Facts:
"That on or about April 14, 1987, in the City of Manila, Philippines, the said accused did then and there willfully
(sic), unlawfully and feloniously, with intent to kill, attack, assault and use personal violence upon one ROMEO DE
JESUS Y MATEO, by then and there stabbing him with a knife on the different parts of the body, thereby inflicting
upon the latter mortal wounds which were the direct and immediate cause of his death.
Upon arraignment, petitioner pleaded not guilty. At the trial, he invoked self-defense. Finding that
petitioner's narration was "well-nigh inconceivable" due to his vacillating statements at different stages of
the trial, The Regional Trial Court of Manila ruled finding the accused guilty of the crime charged in the
Information beyond reasonable doubt.
Issue:
1.
Whether prosecution witness Bermudes' testimony was worthy of credence despite his earlier
sworn statement corroborating the petitioner's testimony?
2. Whether or not the appellant acted in self-defense
Held:
Petitioner seeks acquittal based on the supposed unlawful aggression directed against him by the
deceased The defense intended to prove self-defense with the following evidence: (1) Bermudes' sworn
statement that petitioner was walking away when he was attacked by the deceased; (2) petitioner's
testimony to the same effect; and (3) the notorious character of the deceased which buttresses the
allegation of unlawful aggression against petitioner.
Prologue: Consequence of Invoking Self-Defense

Firmly entrenched is the rule that where the accused invokes self-defense, it becomes incumbent
upon him to prove by clear and convincing evidence that he indeed acted in defense of himself. The
burden of proving that the killing was justified and that he incurred no criminal liability therefor shifts upon
him. He must rely on the strength of his own evidence and not on the weakness of that of the prosecution
for, even if the prosecution evidence is weak, it cannot be disbelieved after the accused himself has
admitted the killing.
Credibility of Witnesses
We agree. "An affidavit being taken ex parte is almost always incomplete and often inaccurate,
sometimes from partial suggestion, and sometimes from want of suggestion and inquiries, without the aid
of which the witness may be unable to recall the connected collateral circumstances necessary for the
correction of the first suggestion of his memory and for his accurate recollection of all that belongs to the
subject."[18] An affidavit will not always disclose all the facts and will, oftentimes and without design,
describe some occurrences without the deponent detecting inaccuracies or contradictions. [19]
As a matter of fact, the Salaysay and Bermudes' testimony in court are not grossly inconsistent with
each other.
This is substantially the same as his direct testimony that the deceased asked petitioner-why he was
walking away instead of finishing the fight. They resumed stabbing each other as a result. Clearly, in both
the Salaysay and Bermudes' testimony, the deceased and the petitioner agreed to fight. This was what
the trial court had found and what Respondent Court affirmed. It must also be mentioned that the defense
counsel allowed the case to be submitted for decision without cross-examining Bermudes, failing thereby
to take advantage of an opportunity to impeach (assuming that he could) Bermudes' credibility and
testimony.
No Unlawful Aggression Where Protagonists Agreed to Fight

It is a hornbook doctrine that when self-defense is invoked, the burden of evidence shifts to the
appellant to prove the elements of that claim, i.e., (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. But absent the essential element of unlawful aggression,
there is no self-defense.
In the case at bar, the Court finds that the evidence on record does not support petitioner's
contention that the unlawful aggressor was the deceased.
Firstly, the trial court did not give credence to petitioner's testimony because "(a)side from the fact
that there is much to be desired from the deportment of the accused when he (sic) testified, his testimony
is not credible.
We agree. The gist of petitioner's testimony is that he does not remember having stabbed the
deceased. It is inconsistent with self-defense which in essence is an admission of the killing in order to
preserve one's life or limb. Being evasive, such testimony does not help at all in establishing self-defense.
Further, petitioner's self-defense is not corroborated by separate competent evidence. Pitted against
Bermudes' testimony, it pales in comparison and loses probative value. The plea of self-defense cannot
be justifiably entertained where it is not only uncorroborated by any separate competent evidence but also
extremely doubtful in itself.
Secondly, as pointed out by Respondent Court, the aspersion cast by the defense on the deceased
as the badge of notoriety in the neighborhood" exposed the weakness of its cause. True, the moral
character of the offended party may be proven in evidence to establish "in any reasonable degree" the
probability of the offense charged, and his quarrelsome nature may indicate that he started the unlawful
aggression. However, such evidence presented merely to establish a probability cannot prevail over facts
sufficiently proven during trial. Thirdly and more importantly, where the parties mutually agree to fight, it
becomes immaterial who attacks or receives the wound first, for the first act of force is incidental to the
fight itself and in no wise is it an unwarranted and unexpected aggression which alone can legalize selfdefense. In this situation, the circumstances modifying criminal liability cannot be applied to either party.
Consequently, the juristic idea of self-defense is precluded.
Finally, the question of whether appellant acted in self-defense is essentially a question of fact. This
being so and in the absence of a showing that Respondent Court and the trial court failed to appreciate
facts or circumstances of such weight and substance that would have merited the appellant's acquittal,
this Court finds no compelling reason to disturb the ruling of Respondent Court that appellant did not act
in self defense.
WHEREFORE, the assailed Decision and Resolution of Respondent Court are hereby AFFIRMED
with the MODIFICATION that appellant is sentenced to the indeterminate sentence of six (6) years and
one (1) day of prision mayor as minimum and twelve (12) years and one (1) day of reclusion temporal as
maximum. SO ORDERED.

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ALEX JACOBO y SEMENTELA, petitioner, vs.

COURT OF APPEALS and PEOPLE OF THE

2. Whether or not the appellant acted in self-defense

Prologue: Consequence of Invoking Self-Defense

No Unlawful Aggression Where Protagonists Agreed to Fight

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