This case has been cited 2 times or more.
|
2015-06-29 |
BERSAMIN, J. |
||||
| It is notable, too, that the results of the medico-legal examination indicating Batulan to have sustained twelve stab wounds[25] confirmed the cessation of the attack by Batulan. The numerosity and nature of the wounds inflicted by the accused reflected his determination to kill Batulan, and the fact that he was not defending himself.[26] | |||||
|
2008-06-30 |
BRION,J. |
||||
| The third element - the reasonableness of the means to repel the aggression - is the critical element that the lower courts found lacking in the petitioner's case. Generally, reasonableness is a function of the nature or severity of the attack or aggression confronting the accused, the means employed to repel this attack, the surrounding circumstances of the attack such as its place and occasion, the weapons used, and the physical condition of the parties - which, when viewed as material considerations, must show rational equivalence between the attack and the defense.[43] In People v. Escarlos,[44] this Court held that the means employed by a person invoking self-defense must be reasonably commensurate to the nature and the extent of the attack sought to be averted. In Sienes v. People,[45] we considered the nature and number of wounds inflicted on the victim as important indicia material to a plea for self-defense. | |||||