This case has been cited 1 times or more.
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2009-09-17 |
VELASCO JR., J. |
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| The appellate and trial courts correctly rejected Ruperto's theory of self-defense. When he admitted authorship of the crime, the burden of proof shifted to him to establish all the elements of self-defense.[12] He must rely on the strength of his own evidence and not on the weakness of the prosecution, for even if the prosecution evidence is weak, it cannot be disbelieved after the accused himself has admitted the killing.[13] Thus, he must meet the requisites of self-defense, prescribed by Article 11 of the Revised Penal Code, which are: (1) unlawful aggression; (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. | |||||