PEOPLE OF THE PHILIPPINES, vs. DANIEL QUIÑO.
- G.R. Number: G.R. No. 105580
- Promulgated: 1994-05-17
- Ponente: Romero, J.
Doctrine
Evidence must be not only from a credible witness but also credible in itself, conforming to common experience and observation to be probable under the circumstances.
The absence of any injury on the accused despite alleged repeated blows undermines a claim of unlawful aggression and self-defense.
Facts
Victim Dioscoro Quiño was found dead on the evening of 20 December 1989 near his house in Poblacion, Danao, Bohol, with two stab wounds — one fatal to the left chest and another in the left buttock; he left a wife and sixteen children.
The accused advanced a theory of self-defense/unlawful aggression involving alleged repeated blows by the victim with a piece of wood and brandishing of a hunting knife by the accused.
The lower court found for the prosecution; the Supreme Court affirmed the appealed decision in toto.
The Court noted issues with the accused's credibility and pointed out the absence of any minor injury on the accused despite alleged hard blows, undermining the claim of unlawful aggression.
Issues
Whether the accused established unlawful aggression or self-defense to justify killing the victim.
Whether the accused's testimony was credible and sufficient to overcome the prosecution's case.
Ruling
The Court held there was no unlawful aggression: the accused sustained no injury despite alleged repeated blows, and the nature of the fatal wound was inconsistent with mere brandishing of the knife; thus self-defense was not proven.
The Court found the accused's testimony lacked credibility and was not believable; therefore the appealed conviction was affirmed in toto.
Keywords
G.R. No. 105580, parricide, Article 246 of the Revised Penal Code, self-defense, justifying circumstance, unlawful aggression, reasonable necessity of the means employed, lack of sufficient provocation, reclusion perpetua, indemnify the victim's heirs, Post Mortem Examination Report, Danao Municipal Trial Court, Regional Trial Court Branch 4, Tagbilaran, Bohol, affidavit of desistance, killing, accused-appellant, father, victim, accused, house