People vs. Panerio (2018)

PEOPLE OF THE PHILIPPINES vs. YOLANDO B. PANERIO

G.R. No. 205440, January 15, 2018

MARTIRES, J:

Facts: Accused-appellant Panerio and Orteza were charged with murder in an Information which alleges that the said accused, with treachery, attack ELESIO UNG by stabbing him with the use of a fan knife (balisong) and ice pick, thereby inflicting upon the said Elesio Ung mortal wounds which caused his immediate death.

In his defense as the sole witness, Panerio argued that Elesio and his companion called him and Orteza and offered them drinks but they refused. Feeling disrespected, Elesio got mad and boxed Panerio. When Panerio fell to the ground, Elesio rushed towards him and attempted to stab him with a knife twice, but missed. Elesio tried to stab Panerio for a third time, but the latter was able to hit the former's hand causing the knife to fall. Panerio picked up the knife off the ground and stabbed Elesio with it three times.

 Issue: Whether or not accused-appellant had acted in self-defense.

 Ruling: No, accused-appellant had not acted in self-defense.

The accused must establish the essential requisites of self-defense, namely: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means used to prevent or repel the unlawful aggression; and (c) lack of sufficient provocation on the part of the person defending himself.

Panerio's uncorroborated testimony regarding the incident is unclear and unconvincing. His assertion that Elesio, then drunk, boxed him and attempted to stab him is unsubstantiated by any convincing proof. Moreover, the post-mortem findings reveal that Elesio sustained eleven stab and puncture wounds. Considering the quantity, nature, and location of the wounds sustained by Elesio, the Court finds Panerio's plea of self-defense incredible.

Ratio Decidendi: In a plea of self-defense, the accused must rely on the strength of his evidence and not on the weakness of that of the prosecution because it could no longer be denied that he admitted to be the author of the victim's death or injuries.

Summary: On appeal is the Decision of the Court of Appeals, which affirmed with modification the Decision of the Regional Trial Court of Davao City, Branch 12, finding accused-appellant Yolando B. Panerio and accused Alex F. Orteza guilty beyond reasonable doubt of the crime of Murder.