People vs. Reyes

PEOPLE OF THE PHILIPPINES vs. ENRIQUE REYES

G.R. No. 224498, January 11, 2018

TIJAM, J:

Facts: Accused-appellant was charged with murder in an Information which alleges that the said accused, with treachery, attack DANILO ESTRELLA Y SANCHEZ by firing his armalite rifle at said Danilo who was then walking home and hitting him on different parts of the body, depriving the latter of a chance to defend himself from the attack thereby inflicting upon him mortal gunshot wounds which caused his immediate death.

Invoking self-defense, accused-appellant argued that he was informed by Aelardo that Danilo and four other men are planning to kill him. Fearing for his family's safety, accused-appellant prepared his Armalite rifle. When Celia was on her way to accused-appellant's house, she saw a man holding a gun approaching accused-appellant from behind. When Celia shouted "Ricky," accused-appellant turned towards Celia and saw Danilo holding a gun in the act of shooting him. Accused-appellant drew and fired his Armalite rifle, hitting Danilo who fell on the ground.

Issue: Whether or not accused-appellant can validly claim self-defense.

Ruling: Self-defense cannot be validly claimed. By invoking self-defense, the burden of proof shifted to accused-appellant to show that the killing was attended by the following circumstances: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel such aggression; and (3) lack of sufficient provocation on the part of the person invoking self-defense.

In this case, accused-appellant claimed that when Celia shouted his name, he saw Danilo who was about to shoot him. However, based on Celia's testimony, Danilo was only approaching accused-appellant while holding a gun. Celia did not witness any positive act showing the actual and material unlawful aggression on the part of the victim. The accused-appellant is held guilty of murder.

Ratio Decidenci: Unlawful aggression is the indispensable element of self-defense, for if no unlawful aggression attributed to the victim is established, self-defense is unavailing for there is nothing to repel.

Gist: This is an appeal from the Decision of the Court of Appeals, which affirmed with modification the Decision of the Regional Trial Court, modifying accused-appellant PFC Enrique Reyes' conviction from Murder to Homicide, and the CA's Resolution which denied his Motion for Reconsideration.