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  • People vs. Don Vega

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    Rob
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    (1) Don was charged with murder for stabbing Manuel Isip to death. Don claimed self-defense, saying Manuel punched him first. (2) However, the court found Don did not prove the elements of self-defense. None of the eyewitnesses corroborated Don's account, and he had no injuries from the alleged punch. (3) The court also found the force used was not reasonably necessary, as Manuel was unarmed with his back turned when stabbed repeatedly by Don with a bladed weapon. Therefore, Don was found criminally liable for Manuel's murder.

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    93. People vs. Don Vega

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    (1) Don was charged with murder for stabbing Manuel Isip to death. Don claimed self-defense, saying Manuel punched him first. (2) However, the court found Don did not prove the elements of self-defense. None of the eyewitnesses corroborated Don's account, and he had no injuries from the alleged punch. (3) The court also found the force used was not reasonably necessary, as Manuel was unarmed with his back turned when stabbed repeatedly by Don with a bladed weapon. Therefore, Don was found criminally liable for Manuel's murder.

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    390 views2 pages

    People vs. Don Vega

    Uploaded by

    Rob
    (1) Don was charged with murder for stabbing Manuel Isip to death. Don claimed self-defense, saying Manuel punched him first. (2) However, the court found Don did not prove the elements of self-defense. None of the eyewitnesses corroborated Don's account, and he had no injuries from the alleged punch. (3) The court also found the force used was not reasonably necessary, as Manuel was unarmed with his back turned when stabbed repeatedly by Don with a bladed weapon. Therefore, Don was found criminally liable for Manuel's murder.

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    of 2

    G.R. No.

    216018, March 27, 2019

    PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. DON VEGA Y RAMIL,


    ACCUSED-APPELLANT.

    Facts: Don was charged with the crime of Murder.

    Padilla Isip, was at Arellano Street, Malate, Manila because his friend, a certain Ogad Venus,
    was celebrating his birthday. Among his drinking buddies was Aldrin Roldan Fernandez, witness
    for the prosecution. They were around fifteen at that time including the celebrator. While
    drinking, chatting, and listening to music, they spotted accused Don Vega who was about four
    [arms'] length away sniffing rugby from a bottle. After a few hours, Don Vega approached them
    and caused a disturbance. He smashed several items. Victim Manuel Isip tried to pacify the
    accused saying, "pre, huwag naman dito, kasi may nagkakasiyahan dito" but accused harshly
    replied, "huwag kang makialam dito, baka ikaw ang samain." Victim Manuel Isip did not
    comment and merely turned his back to avert a bigger trouble. While the victim's back was
    turned on him, accused suddenly grabbed [the] victim from behind, wrapped his left arm around
    [the] victim's neck and using his right hand, plunged a knife to his (Manuel's) chest. Victim
    Manuel Isip was rushed to the Ospital ng Maynila but was declared "dead on arrival."

    The victim (Manuel Isip) suffered six stab wounds and one abrasion on the body. The cause of
    his death is [sic] the four stab wounds that penetrated the frontal cavities of the chest.

    Don argues that he should not be criminally liable for the death of the victim because he only
    acted in self-defense. He avers that he was merely requesting Manuel to play his theme song,
    but when he approached to follow-up on his request, the victim suddenly punched him, which
    thus triggered him to stab the victim.

    Issue: Whether or not Don acted in self-defense, thus, not criminally liable for murder.

    Held: No. An accused who pleads self-defense admits to the commission of the crime
    charged. He has the burden to prove, by clear and convincing evidence, that the killing was
    attended by the following circumstances: (1) unlawful aggression on the part of the victim; (2)
    reasonable necessity of the means employed to prevent or repel such aggression; and (3) lack
    of sufficient provocation on the part of the person resorting to self-defense.

    Don failed to discharge his burden. All the requisites of self-defense are wanting in this case:

    First, there is no unlawful aggression on the part of the victim. For unlawful aggression to be
    present, there must be real danger to life or personal safety. 29 Accordingly, the accused must
    establish the concurrence of the three elements of unlawful aggression, namely: (a) there must
    be a physical or material attack or assault; (b) the attack or assault must be actual, or, at least,
    imminent; and (c) the attack or assault must be unlawful.30 None of the elements of unlawful
    aggression was proven by the defense. Aside from Don's self-serving statement that it was
    Manuel who punched and attacked him, not one of the persons present at the incident
    corroborated his account.31 Neither did he present any medical record showing that he
    sustained any injuries as the result of the attack by Manuel.

    Second, in the absence of unlawful aggression on the part of the victim, the second requisite of
    self-defense could not have been present. Even assuming that there was unlawful aggression,
    the means employed by Don in repelling the alleged attack by Manuel was not reasonably
    necessary. Manuel was unarmed and had his back turned while Don used a bladed weapon to
    "repel the attack" and stab Manuel repeatedly.

    Lastly, there was no sufficient provocation on the part of Manuel. Based on the account of the
    witnesses of the prosecution, Manuel merely implored Don to refrain from breaking things and
    making unnecessary disturbance.37 In fact, when Don uttered harsh words against Manuel, the
    latter did not make a comment and instead turned his back from the former.

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