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PEOPLE vs Efren Mendoza

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EFREN MENDOZA y SALVADOR, accused-appellant.

G.R. No. 133382 | 2000-03-09

D E C I S I O N

PANGANIBAN, J.:

True, a father and husband has the duty and the right to defend himself, his family and his home. However, in order to successfully invoke self-defense and defense of relative, he must prove, by clear and convincing evidence, the concurrence of three elements, the most important of which is unlawful aggression on the part of the victim. Absent unlawful aggression, these defenses collapse and the accused must be convicted.

The Case

Efren Mendoza y Salvador was charged with murder for the July 14, 1993 killing of Anchito A. Nano. Before the Regional Trial Court of Daet, Camarines Norte, an Information1...