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    People Vs Decena

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    PrincessAngelaDeLeon
    This document summarizes a court case between People vs Decena regarding a murder charge. The key facts are that Decena stabbed and killed Ballesteros, claiming self-defense. However, the court ruled that the prosecution successfully proved murder, as Ballesteros was too intoxicated to persist in attacking Decena after being separated. While the defense argued continuing aggression, the court found witnesses unconvincing and that self-defense did not apply since any aggression had ceased. The sentence was reduced from murder to homicide, with 8-14 years in prison.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    People Vs Decena

    Uploaded by

    PrincessAngelaDeLeon
    319 views1 page
    This document summarizes a court case between People vs Decena regarding a murder charge. The key facts are that Decena stabbed and killed Ballesteros, claiming self-defense. However, the court ruled that the prosecution successfully proved murder, as Ballesteros was too intoxicated to persist in attacking Decena after being separated. While the defense argued continuing aggression, the court found witnesses unconvincing and that self-defense did not apply since any aggression had ceased. The sentence was reduced from murder to homicide, with 8-14 years in prison.

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    People vs Decena

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    This document summarizes a court case between People vs Decena regarding a murder charge. The key facts are that Decena stabbed and killed Ballesteros, claiming self-defense. However, the court ruled that the prosecution successfully proved murder, as Ballesteros was too intoxicated to persist in attacking Decena after being separated. While the defense argued continuing aggression, the court found witnesses unconvincing and that self-defense did not apply since any aggression had ceased. The sentence was reduced from murder to homicide, with 8-14 years in prison.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    319 views1 page

    People Vs Decena

    Uploaded by

    PrincessAngelaDeLeon
    This document summarizes a court case between People vs Decena regarding a murder charge. The key facts are that Decena stabbed and killed Ballesteros, claiming self-defense. However, the court ruled that the prosecution successfully proved murder, as Ballesteros was too intoxicated to persist in attacking Decena after being separated. While the defense argued continuing aggression, the court found witnesses unconvincing and that self-defense did not apply since any aggression had ceased. The sentence was reduced from murder to homicide, with 8-14 years in prison.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    People vs Decena

    ISSUE: WON Decena acted in self-defense in killing Ballesteros

    FACTS:
    On Christmas day, Decena was charged with the murder of Ballesteros with the penalty of
    reclusion perpetua with damages.
    He filed a motion for reconsideration but it was denied due to lack of merit.
    Prosecution:
    o The victims daughter saw her father walking drunk from the basketball court because
    he was watching a game
    o She saw Decena rushed to her father with a long blade and started stabbing the
    deceased.
    o She then asked for help from her mother but when they brought him to the hospital, he
    was dead on arrival
    Defense:
    o Victim held Decena by the neck with one arm for no reason and poking a fork with
    another arm
    o A barangay tanod intervened and asked the victim to go home
    o Decena later followed.
    o Uncle of the Decena stated that he saw the victim attacked Decena with a Balisong but
    Decena was able to avoid injury
    o He claimed he did it in self-defense

    RULING:
    No.
    Sentenced modified from murder to homicide
    Lowered sentence to 8-14yrs and 8 months
    Victim was already having a hard time walking that killing another would be difficult
    Accused was insulted with what happened therefore sought revenge and not self-defense
    In criminal cases, the burden of proof is on the prosecution which may rely on the strength of its evidence and not on
    the weakness of the defense. However, upon invoking self-defense, the accused admits that he killed the victim and
    the burden of proof is upon him in proving that he really acted in self-defense.
    Basic requirement for self-defense as a justifying circumstance is unlawful aggression against the person defending
    himself.
    o It must be shown that there was a previous unlawful and unprovoked attack that placed the life of the
    accused in danger forcing him to inflict wounds upon his assailant
    o According to the defense, the unlawful aggression started when the victim started poking the appellant
    with a fork
    Elementary rule: when the aggressor leaves, the aggression ceases. It follows that when
    appellant and Jaime heeded the advice of the barangay tanod, the unlawful aggression had
    ended. Since the aggression no longer existed, appellant had no right to kill or even wound the
    former aggressor.
    The defense failed to establish that the victim persisted in his design to attack the appellant
    Defense: continuing aggression
    Whenever the victim was drunk, he would look for trouble (refuted by the testimony of the wife)
    Witnesses: Jaime was staggering or wobbling as he walked the victim could not have persisted in
    attacking the appellant with his current state.
    Testimony of the uncle: imaginative or coached witness

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