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P & INSP. ROQUE G. GALANG v. CA and PEOPLE

This case has been cited 4 times or more.

	GR No. 181354 2013-02-27	SIMON A. FLORES v. PEOPLE MENDOZA, J.
Generally, "the burden lies upon the prosecution to prove the guilt of the accused beyond reasonable doubt rather than upon the accused that he was in fact innocent." If the accused, however, admits killing the victim, but pleads self-defense, the burden of evidence is shifted to him to prove such defense by clear, satisfactory and convincing evidence that excludes any vestige of criminal aggression on his part. To escape liability, it now becomes incumbent upon the accused to prove by clear and convincing evidence all the elements of that justifying circumstance.[29]
	GR No. 128871 2003-03-18	PEOPLE v. JIMMY RUBISO SANDOVAL-GUTIERREZ, J.
In invoking self-defense, appellant is deemed to have admitted having killed the victim and the burden of evidence is shifted on him to establish convincing evidence that excludes any vestige of criminal aggression on his part.[5]
	GR No. 129389 2001-10-17	PEOPLE v. TEODORICO UBALDO QUISUMBING, J.
Generally, the burden of proof is upon the prosecution to prove the guilt of the accused beyond reasonable doubt. Having invoked self-defense as a justifying circumstance, however, appellant is deemed to have admitted having killed the victim, and the burden of proof is shifted upon him to establish and prove his claim.[17] To escape liability, he must show the concurrent presence of all the elements of self-defense, namely: (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.[18]
	GR No. 132043 2000-05-31	PEOPLE v. TEOFISTO COTAS Y LIMPIAHOY MENDOZA, J.
Even assuming that Asuncion was the aggressor, it is clear that at the time he was killed, the danger to accused-appellant had already ceased. It is a settled rule that when unlawful aggression ceases, the defender has no longer any right to kill or wound the former aggressor,[22] otherwise, retaliation and not self-defense is committed.[23] In this case, accused-appellant stabbed Asuncion seven times and inflicted on him several incised wounds.