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Digest 2024 01 26 045509

Rulie punched and killed Noel after Noel repeatedly boxed him while he was working. Rulie claimed self-defense, but the trial court found him guilty of homicide. The Court of Appeals then acquitted Rulie, finding an absence of unlawful aggression since the danger from Noel's boxing had ceased by the time Rulie punched him.

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Jasmin T. Tacio
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70 views2 pages

Digest 2024 01 26 045509

Rulie punched and killed Noel after Noel repeatedly boxed him while he was working. Rulie claimed self-defense, but the trial court found him guilty of homicide. The Court of Appeals then acquitted Rulie, finding an absence of unlawful aggression since the danger from Noel's boxing had ceased by the time Rulie punched him.

Uploaded by

Jasmin T. Tacio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as TXT, PDF, TXT or read online on Scribd
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Keywords:

RULIE, NOEL, AGGRESSION, Unlawful aggression, SELF-DEFENSE, DECISION, VICTIM,


ATTACK, HOMICIDE, COURT

Digest:
...To a discriminating mind, the imminence of unlawful aggression is obscured by
the instinct of self-preservation....
...While he was carrying a sack of rice, Noel Angela (Noel) suddenly boxed him....
...Rulie continued working but Noel boxed him again....
...Rulie put down the sack of rice and punched Noel's nose and jaw....
...Noel fell down hitting the concrete pavement leading to his death.4 Rulie was
charged with homicide, thus: That in the afternoon, on or about the 12111 day of
February, 2012, in the Municipality of Roxas, Zamboanga del Norte, and within the
jurisdiction of this [Honorable] Court, the said accused, with intent to kill and
without justifiable cause or sufficient provocation, did then and there wil[l]fuly,
unlawfully and feloniously attack, assault and box one NOEL ANGCLA, thereby
inflicting upon him injuries on the [vital] parts of his body which caused his
death shortly thereafter, that as a result of the commission of the said crime the
heirs of the herein victims suffered the following damages, viz: a) Indemnity of
victim's death b) Loss of earning capacity PS0,000.00 20,000.00 P70,000.00 CONTRARY
TO LAW, (Viol. of Art....
...However, the trial court found that he acted in retaliation and not self-
defense.6 The trial court convicted him of homicide, to wit: WHEREFORE, judgment is
rendered declaring accused RULIE COMP A YAN CAMILLO guilty beyond reasonable doubt
for the crime of HOMICIDE....
...SO ORDERED.10 According to the CA, the element of unlawful aggression is absent,
11 that: 9 In this case, while it is true that Noel boxed [Rulie] several times,
the imminence of that alleged danger had already ceased after Noel had punched
[Rulie] while the latter was carrying a sack ofrice [sic]....
...After this, there was no longer any unlawful aggression to speak of that would
have necessitated [Rulie] to box or strike Noel....
...Indubitably, [Rulie] went beyond the call of self-preservation when he proceeded
to inflict fatal inj uries to Noel, even when the alleged unlawful aggression had
already ceased....
...The means employed by a person resorting to self-defense must be rationally
necessary to prevent or repel unlawful aggression....
...Given these conditions, it would have been easy for the younger, sober [Rulie]
to subdue the intoxicated and unarmed victim Noel....
...He contends that there was unlawful aggression on the part of Noel when the
latter boxed him several times....
...Noel was also in a fighting stance when he (Rulie) was defending himself....
...He adds that he adopted reasonable means to repel Noel's aggression....
...He only used his fist and did not use any weapon to attack Noel....
...No, Rulie is innocent of homicide....
...The admission of self-defense frees the prosecution from the burden of proving
that the accused authored the victim's death....
...Here, Rulie admitted killing Noel with his powerful punch, but he invoked the
justifying circumstance of self-defense....
...Thus, the burden of evidence shifted to Rulie to prove self-defense....
...No. 260353 The.first requisite of "unlawful aggression on the part of the
victim" is the indispensable element of self-defense....
...Actual or material unlawful aggression means an attack with physical force or
with a weapon, an offensive act that positively determines the intent of the
aggressor to cause tbe injury....
...Imminent unlawful aggression means an attack that is impending or at the point
of happening; it must not consist in a mere threatening attitude, nor must it be
merely imaginary, but must be offensive and positively strong (like aiming a
revolver at another with intent to shoot or opening a knife and making a motion as
if to attack)....

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