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People v. Duavis, G.R. No. 190861, December 7, 2011
People v. Duavis, G.R. No. 190861, December 7, 2011
Facts:
On May 2, 2003, Lino Duavis (appellant) are on a drinking
spree Dante Largado Sr (offended party). The appellant told
the offended party to stop drinking but the latter got angry.
The appellant then hurled a club at him. Largado, Sr. then
attacked Appellant with a bolo, but he evaded. Appellant
then returned to his house, gathering tuba at Romeo Drillos'
coconut plantation. He was surprised to see Largado, Sr.
hiding behind a coconut tree, preparing to attack him with a
scythe. Appellant evaded Largado, Sr., and he hacked him
with his scythe, causing his death. Appellant informed his
father of the incident and wanted to surrender, but was
arrested when he went out of his father's house.
The trial court ruled that the appellant was guilty of murder
and punishable to death penalty with the aggravating
circumstance of evident premeditation.
The appellant file a petition to CA that there is a valid self
defense but the CA ruled that the appellant affirmed the
decision and modify the crime to homicide.
Before this court, the appellant assailed the decision of RTC
and CA and that be acquitted by Justifying Circumstance of
self defense.
ISSUE: Whether or not the appellant is acquitted of the
crime.
Decision:
No, the crime charge should be homicide.
hornbook doctrine that when self-defense is invoked, the
burden of evidence shifts to the appellant to prove the
elements of that claim,14 i.e., (1) unlawful aggression on the
part of the victim, (2) reasonable necessity of the means
employed to prevent or repel it, and (3) lack of sufficient
provocation on the part of the person defending
himself.15 But absent the essential element of unlawful
aggression, there is no self-defense.16