This case has been cited 2 times or more.
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2015-01-12 |
CARPIO, J. |
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| In the present case, Bosito would like us to believe that he acted in self-defense. In his Appellant's Brief, Bosito admitted hacking Bosito although in self-defense. By invoking self-defense, appellant admits killing the victim and the constitutional presumption of innocence is effectively waived. The burden of evidence then shifts to the appellant that the killing was justified and that he incurred no criminal liability.[13] Thus, it is incumbent upon appellant to prove the elements of self-defense: (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 claiming self-defense.[14] | |||||
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2011-06-08 |
CARPIO, J. |
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| Also, the defense did not even raise any ill-motive on Gaboy's part to testify falsely against Esquibel. In his Appellant's Brief, Esquibel admitted that he stabbed Baloloy although in self-defense. By invoking self-defense, the burden of evidence shifts to appellant to show that the killing was justified and that he incurred no criminal liability.[12] However, Esquibel merely pointed to alleged inconsistencies in Gaboy's testimony and to the alleged failure of Gaboy to positively identify him since there was no light in front of the victim's house where she was sitting. These allegations by Esquibel were not substantiated by clear and convincing evidence. Both the RTC and CA found that Esquibel's testimony is self-serving and deserves no weight in law over the positive and credible testimonies of the prosecution's witnesses, particularly Gaboy's. | |||||