University of the Philippines College of Law

Block F2022 Criminal Law

Topic Self-defense reasonable necessity of means used

QUICK SUMMARY
What: Homicide
When: evening of May 26, 2004
Where: Banaue, Ifugao
How: armed with a knife, multiple stab wounds

CAST OF CHARACTERS
Mark Anthony D. Pagaddut victim
Rafael Nadyahan accused
Pedro Binwag eye-witness
Acangan, Nabejet, Binwag companions of the victim

RELEVANT FACTS
THE CRIME

Petitioner was driving his motorcycle on the way to Poblacion with Mark Apilis at his back.
Acangan (who was with Nabejet, Binwag, and Pagaddut) asked petitioner for a ride home and
the latter readily obliged. Acangan further asked that they be treated to a drink. Petitioner
refused and this angered Acangan.
Acangan slapped petitioner on the forehead and kicked his foot. Nadyahan got off of his
motorcycle and prepared to fight Acangan. He saw Acangan's companions pick up pieces of
wood. Petitioner then ran towards Apilis and instructed the latter to start the engine of the
motorcycle. Before petitioner could leave, he was struck on the back with a piece of wood by
Nabejet. Petitioner impulsively took his knife from the windshield of the motorcycle and ran to
the direction of his house. Acangan's group followed him. Upon reaching the parking area of the
KMS Line, petitioner was met by Binwag. Petitioner even managed to ask Binwag why his group
was ganging up on him when he was hit by Pagaddut with a belt buckle. As petitioner was
starting to lose consciousness, he thrust his knife and stabbed Pagaddut before both of them fell
down.
Nadyahan drove the motorcycle away and proceeded towards the house of a congressman.
Petitioner then spent four days in Barangay O-ong before going to San Jose City in Nueva Ecija to
have his wounds treated. Finally, he went back to Ifugao to surrender.
Acangans version:

Pagaddut went inside the cab of a tricycle with Acangan as driver. While Acangan was about to start the
engine, petitioner and Apilis, who were riding a motorcycle, approach them. After saying that he has no
problem with Pagaddut, petitioner suddenly wielded a knife. Acangan ran and petitioner chased him
around the tricycle. Pagaddut alighted from the tricycle cab and tried to start the motorcycle engine.
When petitioner saw Pagaddut, he kicked the latter in the chest. Petitioner turned his ire on Pagaddut
and stabbed his upper right buttock. Nabejet came and tried to hit petitioner with a piece of wood but
 University of the Philippines College of Law
Block F2022 Criminal Law

he missed. Petitioner, in turn chased Nabejet. Acangan followed them and upon reaching the station of
the KMS Line, he saw petitioner pull the knife from Pagaddut's body. Acangan brought Pagaddut to the
hospital. Pagaddut expired at the hospital.

BUT according to the court:

With the inconsistencies of the testimonies of the witnesses for the prosecution, the court concludes
that the oral testimony of Marcial Acangan is not credible and he adapted it from the story narrated by
the other witnesses.
Not one of the prosecution witnesses had seen the exchange of blows between the accused and the
victim. The prosecution evidence failed to prove the details on how the stabbing took place that led to
the death of the victim.

Pagaddut sustained the following injuries (right chest, upper arm, and neck):
chanRoblesvirtualLawlibrary
1. Multiple Stab Wounds, Penetrating, perforating
a. Right infraclavicular, 7 cm
b. Right anterior axillary fold, 5 cm
2. Stab wound, penetrating 3 cm. base of neck right
3. Stab wound, lateral aspect upper arm, 2 cm

THE TRIAL

The trial court lent credence to the version of the defense that petitioner is not the aggressor.
Finding an incomplete self-defense, the trial court found petitioner guilty beyond reasonable
doubt of homicide. Particularly, the trial court ruled that based on the wounds sustained by the
victim, the means used by petitioner to prevent or repel the attack was not reasonable. The
trial court considered incomplete self-defense as a privileged mitigating circumstance and
voluntary surrender as an ordinary mitigating circumstance.
Applying the Indeterminate Sentence Law, he was sentenced by the trial court to suffer the
penalty of imprisonment of four (4) years and two (2) months of prision correccional medium,
as minimum, to eight (8) years of prision mayor minimum, as maximum. He is likewise ordered
to pay the heirs of the victim, Mark Anthony D. Pagaddut, the amount of Fifty Thousand
(P50,000.00) Pesos as civil indemnity.
On 17 December 2009, the appellate court rendered its decision affirming petitioner's
conviction.
The OSG defends the ruling of the appellate court that there is incomplete self-defense.
However, the OSG recommends the modification of the penalty to arresto mayor in its medium
period to prision correccional minimum.

ISSUE

W/N complete self-defense applies to the accused as a justifying circumstance.

RATIO DECIDENDI

Issue Ratio
W/N complete self-defense No.
 University of the Philippines College of Law
Block F2022 Criminal Law

applies to the accused as a Case law has established that in invoking self-defense, whether
justifying circumstance. complete or incomplete, the onus probandi is shifted to the accused
to prove by clear and convincing evidence all the elements of the
justifying circumstance, namely: (a) unlawful aggression on the part
of the victim; (b) the reasonable necessity of the means employed to
prevent or repel it; and (c) lack of sufficient provocation on the part
of the person defending himself.
We agree with the trial court that there was unlawful aggression on
the part of the victim and lack of sufficient provocation on the part of
petitioner.
The following circumstances, as cited by the appellate court, negate
the presence of a reasonable necessity of the means employed to
prevent or repel it:
o there is intrinsic disproportion between a knife and a belt
buckle
o physical evidence shows that the accused-appellant suffered
only a lacerated wound on the forehead, thus, there could
not have been successive blows inflicted by the victim and
Binwag.
o the victim Pagaddut and his companions were already drunk
before the fatal fight. A belt buckle and a piece of wood
might not have been a potent weapon in the hands of a
drunk wielder
o the knife wounds were all aimed at vital parts of the body
(therefore, he was not simply warding off belt buckle thrusts)

RULING

Under Article 69 of the Revised Penal Code, the privileged mitigating circumstance of incomplete self-
defense reduces the penalty by one or two degrees than that prescribed by law. The trial court correctly
sentenced petitioner to four (4) years and two (2) months of prision correccional medium, as minimum
to eight (8) years of prision mayor minimum, as maximum.chanrobleslaw

WHEREFORE, the petition is DENIED and the Decision and Resolution of the Court of Appeals in CA-G.R.
CR No. 31643 dated 17 December 2009 and 21 July 2010, respectively, are AFFIRMED.

NO SEPARATE OPINION