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People vs Timoteo Escarlos

PEOPLE OF THE PHILIPPINES, appellee, vs. TIMOTEO ESCARLOS, alias "Tomy," appellant.

G.R. No. 148912 | 2003-09-10

D E C I S I O N

PANGANIBAN, J.:

By interposing self-defense, herein appellant admits authorship of the killing. Thus, shifted to him is the burden of proof showing that the killing was justified. Despite his failure to prove self-defense, he may be convicted only of homicide, not murder, because of the inability of the prosecution to establish any qualifying circumstance. Here, treachery is negated by the victim's awareness of the impending attack.

The Case

For automatic review before the Court is the May 29, 2001 Decision[1] of the Regional Trial Court (RTC) of Urdaneta, Pangasinan (Branch 46) in Criminal Case No. U-10792, finding...