Circumstances.-The Following Do Not Incur Any Criminal Liability: 1. Anyone

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Toledo v People of the Philippines

439 SCRA 94
September 24, 2004
Callejo, SR., J.

Facts: On or about September 16, 1995, Petitioner Noe Toledo with intent
to kill, did then and there, willfully, unlawfully and feloniously attack,
assault and stab with a bolo Ricky F. Guarte which caused his untimely
death. Before his death, it was alleged by the Prosecution that Ricky saw
appeallant stoning his house so Ricky asked the appealant who is his uncle
why he was stoning his house. without warning, Toledo stabbed Ricky in
the abdomen with a bolo. However, Toledo states it was Ricky who pointed
a balisong at him which caused him to run towards the upper portion of
their house and got his bolo. During the time he was pushing the door with
his left hand, his right (which held the bolo) hand was pointed towards
Ricky where in the bolo accidentally hit Ricky on the stomach. The trial
court found him guilty beyond reasonable doubt of homicide.

Issue: Whether or not petitioner acted in self-defense when he stabbed the


victim

Held: No. At first petitioner asserted that such stabbing was done by
accident and then he changed such statement by stating that he was acting
in self-defense and states that he is not criminally liable under Article 11,
Paragraph 1 of the Revised Penal Code which states “Article 11. Justifying
circumstances.- The following do not incur any criminal liability: 1. Anyone
who acts in defense of his person or rights, provided that the following
concur: First. Unlawful aggression; second Reasonable necessity of the
means employed to prevent or repel it; and third, lack of sufficient
provocation on the part of the person defending himself.”
However, it is a matter of law that when a party adopts a particular theory
and the case is tried and decided upon that theory in the court below, he
will not be permitted to change his theory on appeal. The case will be
reviewed and decided on that theory and not approached and resolved
from a different point of view. To permit a party to change his theory on
appeal will be unfair to the adverse party. As such, the petitioner first
adopted the theory of self-defense in the CA and now adopts a different
theory stating such stabbing was an accident. Such accidental stabbing was
not proven by the petitioner. The Appellant was not justified in stabbing
Ricky as there was no imminent threat to appellant’s life which
necessitated his assault on Ricky. Unlawful aggression is a condition sine
qua non for the justifying circumstance of self-defense.

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