People v. Regalario CD

PEOPLE OF THE PHILIPPINES vs.
REGALARIO
G.R NO. 174483
March 31, 2009
LEONARDO-DE CASTRO, J.:
FACTS:
On the night of February 22, 1997, a public dance and singing contest was held in Ligao, Albay.
There was a commotion in the area assigned to accuse Ramon Regalario. When he approached
the group where the disturbance was taking place, Rolando Sevilla suddenly emerged from the
group and fired a shot at him. Instinctively, and in order to disable Sevilla from firing more
shots, he struck his assailant with his nightstick and hit him at the back of his head.
Sotero arrived and Ramon told him that Rolando still had the gun. So, Sotero plunged at
Rolando and they wrestled on the ground for the possession of the gun. Ramon knocked the
gun off his hand and it fell near the place where Jose Poblete was standing. Poblete picked up
the gun. He was instructed by Marciano to keep it until it is turned over to the authorities.
Bienvenido Regalario, the barangay tanod, was instructed by Marciano, the barangay captain to
effect the arrest of Rolando Sevilla for the crime of shooting Ramon. So, he tied the hands and
feet of Rolando Sevilla for fear that he might be able to escape.
On the early morning of February 23, a team of policemen went to Natasan and found the dead
body of Rolando Sevilla.
For automatic review is the decision of the CA which affirmed with modification, an earlier
decision of the RTC, finding accused- appellants Ramon, Marciano, Sotero, Bienvenido and
Noel, all surnamed Regalario guilty of murder.
ISSUE:
Won the lower court erred in not finding that the deceased was killed in self- defense and/or
defense of relative.
HELD:
When self- defense id invoked by an accused charged with murder or homicide, he necessarily
ows up to the killing but may escape criminal liability by proving that it is justified and that he
incurred no criminal liability therefor. Hence, the three (3) elements of self- defense namely: (a)
unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed
to prevent or repel the aggression; and (c) lack of sufficient provocation on the part of the
person defending himself , must be proved by clear and convincing evidence. However,
without unlawful aggression, there can be no self- defense, either complete or incomplete.
By Ramon’s own account, after he was shot, he hit the victim at the back of the latter’s head
and he continued hitting the victim who retreated backward. From that moment, the inceptive
unlawful aggression in the part of the victim ceased to exist and the continuation of the
offensive stance of Ramon put him in the place of an aggressor. There was clearly no longer any
danger, but still Ramon went beyond the call of self- preservation.
In People v. Cajuaro, SC held:
…The settled rule in jurisprudence is that when unlawful aggression ceases,the defender no
longer has the right to kill or even wound the former aggressor. Retaliation is not a justifying
circumstance. Upon the cessation of the unlawful aggression and the danger of risk to life and
limb, the necessity of the person invoking self- defense to attack his adversary ceases. If he
persists in attacking his adversary, he can no longer invoke the justifying circumstance of self-
defense. Self- defense does not justify the unnecessary killing of an aggressor who is retreating
from the fray.
Ramon’s claim of self- defense is further belied by the presence of two (2) stab wounds on the
neck, four (4) lacerated wounds on the head, as well as multiple abrasions and contusions on
different parts of the victim’s body. Indeed, even if it were true that the victim fired a gun at
Ramon, the number, nature and severity of the injuries suffered by the victim indicated that the
force used against him by Ramon and his co- accused was not only to disarm the victim or to
prevent him from doing harm to others.
Considering the foregoing, as well as the manner in which the attack against Rolando was
carried out, and the testimonies of the prosecution witnesses positively identifying the accused-
appellants as the assailants, SC concur in the rulings of the CA, affirming those of the trial court,
in (a) disregarding Ramon Regalario’s declaration that he attacked the victim in self- defense
and (b) holding that all the accused- appellants acted in concert and killed Rolando.

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PEOPLE OF THE PHILIPPINES vs.

G.R NO. 174483

March 31, 2009

LEONARDO-DE CASTRO, J.:

In People v. Cajuaro, SC held:

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