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People of the Philippines vs. Alfonso Fontanilla y Obaldo

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs ALFONSO FONTANILLA y OBALDO, Accused-Appeellant.

G.R. No. 177743 | 2012-01-25

D E C I S I O N

BERSAMIN, J.:


An indispensable requisite of self-defense is that the victim must have mounted an unlawful aggression against the accused. Without such unlawful aggression, the accused cannot invoke self-defense as a justifying circumstance.


The accused prays for the review and reversal of the decision promulgated on June 29, 2006,1 whereby the Court of Appeals (CA) affirmed his conviction for murder handed down by the Regional Trial Court (RTC), Branch 34, in Balaoan, La Union.


Antecedents


At around 9:30 p.m. on October 29, 1996, Jose Olais was walking along the provincial road in Butubut Oeste, Balaoan, La Union when Alfonso...