GR 34750; (December, 1931) (Digest)
G.R. No. 34750 , December 31, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. POTENCIANO MONTALBO, defendant-appellant.
FACTS
During a basketball game, appellant Potenciano Montalbo, annoyed because the deceased Jose Paras was obstructing his view by leaning on a goal post, jerked Paras’s sleeve downward. When Paras turned and asked “What do you want?”, Montalbo stepped back. A confrontation ensued. The prosecution’s evidence indicated Montalbo approached and stabbed Paras in the chest with a penknife. The defense evidence indicated Paras first attacked Montalbo with his fists. The trial court convicted Montalbo of homicide, appreciating the mitigating circumstance of passion and obfuscation.
ISSUE
Did the appellant act in lawful self-defense?
RULING
No. The Supreme Court affirmed the conviction. The elements of self-defense were not all present. Even assuming the deceased initiated a fist attack, the appellant’s response of inflicting a mortal wound with a penknife was not a reasonably necessary means to repel the attack. Furthermore, the appellant provoked the incident by jerking the deceased’s sleeve and challenging him. The mitigating circumstance of passion and obfuscation was properly appreciated. The penalty imposed by the trial court was upheld.
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