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PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALFREDO DULIN Y NARAG, ACCUSED-APPELLANT.

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ALFREDO DULIN Y NARAG, ACCUSED-APPELLANT.

G.R. No. 171284 | 2015-06-29

FIRST DIVISION
 
D E C I S I O N

BERSAMIN, J.:

The accused is guilty only of homicide in a prosecution for murder where the record does not substantiate the attendance of treachery. But he may not benefit from the privileged mitigating circumstance of incomplete self-defense if there was no unlawful aggression from the victim.

The Case
 
Alfredo Dulin y Narag appeals the decision promulgated on August 26, 2005,[1] whereby the Court of Appeals (CA) affirmed with modification his conviction for the murder of Francisco Batulan rendered on December 29, 1997 by the Regional Trial Court (RTC), Branch 3, in Tuguegarao, Cagayan.[2] In...