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PEOPLE vs SP02 Jose Magnabe Jr.

PEOPLE OF THE PHILIPPINES, appellee, vs. SPO2 JOSE MAGNABE JR., appellant.

G.R. No. 143071 | 2002-08-06

D E C I S I O N

PANGANIBAN, J.:

By invoking self-defense, the accused admits killing the victim. Hence, the constitutional presumption of innocence is effectively waived, and the burden of proof shifts to the appellant. Where aggression on the part of the victim is not proved, the prayer for acquittal collapses and conviction becomes inevitable. Notwithstanding the foregoing, we clarify that the implied admission of a killing does not include that of the qualifying circumstance of treachery. When the prosecution fails to prove treachery, the accused may be held liable only for homicide, not murder.

The Case

SPO2 Jose T. Magnabe Jr....