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    People Vs Dela Cruz

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    Shiela Pilar
    Dela Cruz shot and killed Macapagal, his girlfriend's ex-partner, during a confrontation at his apartment. Dela Cruz claimed self-defense, saying Macapagal initially pointed a gun at him. However, the court rejected this defense for three reasons: 1) Dela Cruz had avoided harm by closing the bedroom door and could have stopped there, instead of re-engaging, 2) the four gunshot wounds indicated an effort to kill rather than defend, and 3) by confronting Macapagal, Dela Cruz provoked the situation rather than avoiding further provocation. The court found Dela Cruz guilty without sufficient evidence for a self-defense claim.

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    People Vs Dela Cruz

    Uploaded by

    Shiela Pilar
    5K views2 pages
    Dela Cruz shot and killed Macapagal, his girlfriend's ex-partner, during a confrontation at his apartment. Dela Cruz claimed self-defense, saying Macapagal initially pointed a gun at him. However, the court rejected this defense for three reasons: 1) Dela Cruz had avoided harm by closing the bedroom door and could have stopped there, instead of re-engaging, 2) the four gunshot wounds indicated an effort to kill rather than defend, and 3) by confronting Macapagal, Dela Cruz provoked the situation rather than avoiding further provocation. The court found Dela Cruz guilty without sufficient evidence for a self-defense claim.

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    People vs Dela Cruz Case digest criminal law 1 article 11

    Original Title

    People vs Dela Cruz

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    Dela Cruz shot and killed Macapagal, his girlfriend's ex-partner, during a confrontation at his apartment. Dela Cruz claimed self-defense, saying Macapagal initially pointed a gun at him. However, the court rejected this defense for three reasons: 1) Dela Cruz had avoided harm by closing the bedroom door and could have stopped there, instead of re-engaging, 2) the four gunshot wounds indicated an effort to kill rather than defend, and 3) by confronting Macapagal, Dela Cruz provoked the situation rather than avoiding further provocation. The court found Dela Cruz guilty without sufficient evidence for a self-defense claim.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    5K views2 pages

    People Vs Dela Cruz

    Uploaded by

    Shiela Pilar
    Dela Cruz shot and killed Macapagal, his girlfriend's ex-partner, during a confrontation at his apartment. Dela Cruz claimed self-defense, saying Macapagal initially pointed a gun at him. However, the court rejected this defense for three reasons: 1) Dela Cruz had avoided harm by closing the bedroom door and could have stopped there, instead of re-engaging, 2) the four gunshot wounds indicated an effort to kill rather than defend, and 3) by confronting Macapagal, Dela Cruz provoked the situation rather than avoiding further provocation. The court found Dela Cruz guilty without sufficient evidence for a self-defense claim.

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    © All Rights Reserved
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    of 2

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO E.

    DELA
    CRUZ, accused-appellant.
    G.R. No. 128359, 6 December 2000
    Facts:

    dela Cruz and San Antonio were currently living together when Macapagal (victim,
    San Antonios ex-live-in partner) went to their apartment, holding a gun (9mm
    caliber pistol) and banged the door of the bedroom ahere dela Cruz was
    demanding him to go out
    Dela Cruz opened the door, and upon seeing that Macapagal was pointing the gun
    at him, he immediately went back to the room and closed the door.
    The next time he went out, he, too, was already holding a gun (.35 caliber
    revolver).
    The two immediately grappled each other and not long after, shots were heard and
    Macapagal fell dead on the floor.
    Appellant told San Antonio to call the police and when they arrive, he surrendered
    the gun he used and told the police that he shot Macapagal in self defense.
    According to the autopsy, Macapagal sustained 4 wounds. 3 of which were nonpenetrating (upper jaw, below the left shoulder, right side of the waist). The shot
    that took his life was on the left side of the chest penetrating the heart.
    Dela Cruz had no license to carry the firearm.

    Issue: W/N the accused is able to prove to the court the elements of self-defense in order
    to extenuate him from the crime.
    Held: No.
    Ratio:
    Three conditions must concur to extenuate him:
    1. Unlawful aggression by the person injured or killed
    presuppose 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.
    In this case, the victim banged at the bedroom door with his gun but the appellant,
    upon seeing the victim pointing a gun at him was able to prevent at this stage harm
    to himself by promptly closing the door. He could have stopped there. Instead, he
    confronted the victim.
    1. Reasonable necessity of the means employed to prevent or repel that unlawful
    aggression
    The number of wounds sustained by the victim would negate this component of
    self defense. The four gunshot wounds indicate a determined effort to kill.
    1. Lack of sufficient provocation on the part of the person defending himself
    When the appellant confronted the victim, instead of taking precautionary
    measures, appellant could no longer argue that there was no provocation on his
    part
    Claim of self defense rejected

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