The accused filed an answer with an affirmative defense to a charge of parricide. He denies killing B willfully and feloniously, claiming that B attacked him first during a heated argument and attempted to stab him with a knife. The accused states that he got his gun only to frighten B so she would stop, but accidentally pulled the trigger, shooting and killing her. His sole affirmative defense is that the unintentional killing of B was an act of self-defense.
The accused filed an answer with an affirmative defense to a charge of parricide. He denies killing B willfully and feloniously, claiming that B attacked him first during a heated argument and attempted to stab him with a knife. The accused states that he got his gun only to frighten B so she would stop, but accidentally pulled the trigger, shooting and killing her. His sole affirmative defense is that the unintentional killing of B was an act of self-defense.
The accused filed an answer with an affirmative defense to a charge of parricide. He denies killing B willfully and feloniously, claiming that B attacked him first during a heated argument and attempted to stab him with a knife. The accused states that he got his gun only to frighten B so she would stop, but accidentally pulled the trigger, shooting and killing her. His sole affirmative defense is that the unintentional killing of B was an act of self-defense.
Complainant, Criminal Case No. 2312 -versus- For: Parricide A, Accused. x-------------------------------------------x
ANSWER WITH AFFIRMATIVE DEFENSE
NOW COMES the accused in the above titled case, and to this Honorable Court most respectfully alleges: 1. That the accused specifically denies that he killed B willfully and feloniously; 2. That it was B who first attacked the accused during their heated argument; 3. That B was able to get a hold of a knife and attempted to stab the accused; 4. That the accused was able to dodge the same, and was able to get his gun only to frighten B so that she would stop; 5. That the accused accidentally pulled the trigger and shot B leading to her death. By way of affirmative defense, accused avers: 1. That the unintentional killing of B was self-defense
WHEREFORE, it is respectfully prayed that the information be dismissed.
Other equitable reliefs are likewise prayed for.
Manila, Philippines, November 28, 2020.
ATTY. LAURO GUERRERO
Counsel of Defendant PTR No. 333 / 01-06-2020 / Manila IBP LRN 222 / 1-16-2020 / Manila Roll of Attorneys 99 MCLE Exemption no. III-99 EXPLANATION Copy of this pleading was sent to the opposing counsel through registered mail as personal service is impracticable.
Manila, Philippines, November 28, 2020.
Copy Furnished:
ATTY. ALLEN MARIE
Unit 2311, 23rd Floor Herrera Tower Valero corner V.A. Rufino Sts. Salcedo Village, City of Makati