This case has been cited 1 times or more.
|
2000-09-14 |
BELLOSILLO, J. |
||||
| Assuming arguendo that there was unlawful aggression by Nacnac against Dumrique, it ceased to exist after Nacnac was disarmed by Calabroso. By then, there was nothing else to prevent or repel.[19] Again assuming that unlawful aggression originated from Nacnac, but this time against Calabroso, the means Calabroso employed, as he himself admitted, was unreasonable. The examining physician found that twenty-two (22) stab wounds were inflicted on Nacnac, nine (9) on the chest, ten (10) above the right nipple and three (3) lateral to the nipple.[20] The location, number and severity of the wounds obviously belie the claim of self-defense.[21] Moreover, Calabroso did not raise self-defense, nor even hint at it, when apprehended by the police. A protestation of innocence or justification could have been the logical and spontaneous reaction of a man who finds himself in such an inculpatory predicament.[22] Hence, thre can be no other conclusion than that Calabroso is liable for homicide for the death of Tranquilino Nacnac. | |||||