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    People v. Decena

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    Jaime Nikolai
    1. Decena stabbed and killed Jaime Ballesteros on Christmas day. Decena claimed self-defense, saying Jaime had attacked him with a fork earlier and followed him home with a balisong. 2. However, the court found that when the barangay tanod intervened and they left each other, the unlawful aggression had ended. Decena no longer had a right to kill or wound Jaime. 3. The defense failed to prove Jaime continued his attack on Decena or that Jaime was able to persist given his drunk state. Witness testimony supporting Decena's claim of self-defense was found to be imaginative or coached.

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    People v. Decena

    Uploaded by

    Jaime Nikolai
    44 views1 page
    1. Decena stabbed and killed Jaime Ballesteros on Christmas day. Decena claimed self-defense, saying Jaime had attacked him with a fork earlier and followed him home with a balisong. 2. However, the court found that when the barangay tanod intervened and they left each other, the unlawful aggression had ended. Decena no longer had a right to kill or wound Jaime. 3. The defense failed to prove Jaime continued his attack on Decena or that Jaime was able to persist given his drunk state. Witness testimony supporting Decena's claim of self-defense was found to be imaginative or coached.

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    1. Decena stabbed and killed Jaime Ballesteros on Christmas day. Decena claimed self-defense, saying Jaime had attacked him with a fork earlier and followed him home with a balisong. 2. However, the court found that when the barangay tanod intervened and they left each other, the unlawful aggression had ended. Decena no longer had a right to kill or wound Jaime. 3. The defense failed to prove Jaime continued his attack on Decena or that Jaime was able to persist given his drunk state. Witness testimony supporting Decena's claim of self-defense was found to be imaginative or coached.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    People v. Decena

    Uploaded by

    Jaime Nikolai
    1. Decena stabbed and killed Jaime Ballesteros on Christmas day. Decena claimed self-defense, saying Jaime had attacked him with a fork earlier and followed him home with a balisong. 2. However, the court found that when the barangay tanod intervened and they left each other, the unlawful aggression had ended. Decena no longer had a right to kill or wound Jaime. 3. The defense failed to prove Jaime continued his attack on Decena or that Jaime was able to persist given his drunk state. Witness testimony supporting Decena's claim of self-defense was found to be imaginative or coached.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE v.

    DECENA
    ART. 11 RPC SELF-DEFENSE

    Facts:

    On Christmas day, around 4pm, Luzviminda (14 y.o., daughter of the Jaime Ballesteros, victim), saw Decena
    rushing towards her father with a long bladed weapon prompting her to warn her father. Decena, however,
    stabbed him on the right chest causing his death.

    Narration of the defense:

    At about 4pm, the victim was drunk and for no apparent reason, he held the appellant by the neck and
    poked a fork against it. A barangay tanod intervened and advised the appellant to go home. Appellant
    left but was later followed by Jaime (victim).

    Biala, uncle of the appellant, testified that he saw Jaime attacking the appellant with a balisong. Appellant was
    able to parry the blow, and overpowering Jaime, thruste the knife into his body.

    Issue: W/N the appellant acted in complete self-defense that in killing Jaime Ballesteros absolving him from
    criminal liability.

    Held: No.

    Ratio:

    In criminal cases, the burden of proof is on the prosecution which may rely on the strength of its evidence and
    not on the weakness of the defense. However, upon invoking self-defense, the accused admits that he killed
    the victim and the burden of proof is upon him in proving that he really acted in self-defense.

    Basic requirement for self-defense as a justifying circumstance is unlawful aggression against the person
    defending himself.

    It must be shown that there was a previous unlawful and unprovoked attack that placed the life of the accused
    in danger forcing him to inflict wounds upon his assailant

    According to the defense, the unlawful aggression started when the victim started poking the appellant with a
    fork

    Elementary rule: when the aggressor leaves, the aggression ceases. It follows that when appellant and Jaime
    heeded the advice of the barangay tanod, the unlawful aggression had ended. Since the aggression no longer
    existed, appellant had no right to kill or even wound the former aggressor.

    The defense failed to establish that the victim persisted in his design to attack the appellant

    Defense: continuing aggression

    Whenever the victim was drunk, he would look for trouble (refuted by the testimony of the wife)

    Witnesses: Jaime was staggering or wobbling as he walked the victim could not have persisted in attacking
    the appellant with his current state.

    Testimony of the uncle: imaginative or coached witness

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