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PEOPLE vs Dionisio Vicente

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DIONISIO VICENTE y QUINTO, accused-appellant.

G.R. No. 137296 | 2003-06-26

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

Retaliation is different from self-defense. In retaliation, the aggression that was begun by the injured party already ceased to exist when the accused attacked him. In self-defense, the aggression was still existing when the aggressor was injured by the accused.[1]

The present case is a clear illustration of retaliation and self-defense.

On appeal is the Decision[2] dated December 15, 1998 of the Regional Trial Court, Branch 42, Dagupan City, in Criminal Case No. 98-02266-D finding Dionisio Q. Vicente, appellant, guilty beyond reasonable doubt of the crime of murder and sentencing him to suffer...