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G.R. No. L-1674 – 83 Phil. 548 – Criminal Law – Justifying Circumstance – Self-Defense
In March 1945, Felix Somera, his two children, and their houseboy were on their way home when they were overtaken by Pablo Somera and Faustino Barnachea. Pablo shouted some invective against Felix and thereafter they dragged him down from his horse and pounced on him using stones. The two aggressors then left Felix who had to be revived by his children. Thereafter, they continued their journey but moments later, Pablo and Faustino were again behind them (on horseback). The two attacked Felix again. They dragged him down from his horse and repeatedly attacked him using their bolo. Finally, while Faustino was holding Felix, Pablo stabbed Felix with his bolo. Eventually, Felix died.
During trial, the companions of Felix on that night testified against Pablo and Faustino. Pablo, on the other hand, admitted killing Felix but he claimed self-defense. He alleged that Felix threw some stone at their horses which startled the horses causing them (Pablo and Faustino) to fall down their horses; that they then confronted Felix but Felix threatened to kill Pablo; that Felix swung his bolo against Pablo and thereafter Pablo retaliated.
ISSUE: Whether or not Pablo’s theory of self-defense is believable.
HELD: No. The burden of proof in proving self-defense is upon Pablo which he fails to do. In this case, the records show that Felix sustained 19 wounds, three of them fatal while Pablo and Faustino were unscathed. Further, Felix was not proven to be armed during the time of the incident. He was overmatched; he was a 60 year old man while Pablo and Faustino were two young, strong men. The testimonies of the prosecution witnesses were given due credence as they were minors who have no reason to testify falsely against Pablo or Faustino.
Pablo and Faustino are convicted for murder. Their act of coming from behind and all their prior, simultaneous, and subsequent acts showed that they shared a common criminal design and treachery.
