People vs Decena Crim

PEOPLE VS DECENA Aug 4, 1994 | REGALADO, REGALADO, J. Plaintif: People of the PH Accus!: George Decena "OP#C$DOC"R#NE: J%S"#&'#NG C#RC%(S"ANCES: DE&ENSE O& SEL& SEL &, RELA"#VES, AND S"RANGERS &AC"S: George Decena was convicted with murder for allegedly stabbing to death Jaime Ballesteros in San Fabian Pangasinan on Dc)*+ -, 199  !"f all dates#$ Says S% & He 'led a petition for review claiming the lower court erred in disregarding his claim of sl/0!/ns and in not appreciating the mitigating circumstance of voluntary surrender(

"sti)n2 / t3 P+scutin *2 L256i)in!a 7allst+s, 14 2$ !aug3t+ / t3 6icti)8 "n Dec 25, 1990, 4pm, )u*viminda was as+ed by her mother to fetch her father  Jamie Ballesteros Ballesteros who was watching watching a bas+etball bas+etball game( "n her way to the hardcourt hardcourt she met her father wal+ing home in an into,icated state( Suddenly she saw Decena rushing towards her father with a long bladed weapon( Jamie was stabbed on the right chest -ust below the nipple( Decena then .ed from the crime scene( )u*viminda called her mother for help and they rushed  Jamie to the hospital hospital but he was D"/( D"/( "sti)n2 / t3 !/ns "n Dec 25, 1990, 4pm,  Decena was watching a bas+etball game( 0he victim Jaime Ballesteros went around the bas+etball court wal+ing in a wobbly manner due to drun+enness( Jaime stopped near the place where Decena was sitting and for no apparent reason 3l! 3i) *2 t3 nc  with one arm and at the same time ing  against it with the other arm( a /+  against / Barangay 0anod who was also watching the bas+etball bas+etball game intervened( He too+ the for+ from Jaime and advised Decena to go home( Decena left and was followed later by  Jaime( Decena1s 2ncle adds that he saw Jaime attac+ing Decena with a balisong( He claims

Decena was able to bloc+ the stabbing blow and a struggle ensued between them( Decena overpowered Jaime and succeeded in twisting his and thrusting the +nife into his body(

#SS%E: 345 Decena acted in complete self6defense self6defense in +illing Jamie Ballesteros thus absolving him from criminal liability 7 NO ;ELD$RA"#O 1. Dcna Dcna
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R>ui+)nt /+ sl/0!/ns:  0hat there is an unlawful aggression against the person defending himself  t must be positively shown that there was a previous unla=/ul an!  that placed the un+6! attac  that life of the accused in danger and forced him to in.ict more or less severe wounds upon his assailant employing therefor reasonable means to resist said attac+ •

 0he burden burden of proof proof is usually usually with the prosecution but *2 in6ing sl/0!/ns, t3 *u+!n / +/ s3i/ts t t3 accus! ( f he fails to su;ciently prove this he shall be convicted from his admission of +illing the victim( /ccused must rely on the st+ngt3 / 3is =n 6i!nc and not on the wea+ness of that of the prosecution for even if that was wea+ it cannot be disbelieved after t3 accus! 3i)sl/ a!)itt! t3 illing ( <( 0here 0here were were grave inconsis inconsistenci tencies es in the the testimonies of the defense Decena in his direct e,amination testi'ed that a for+ was po+ed at his nec+ but on cross6e,amination cross6e,amination he said it was a +nife instead •

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Decena insisted that he never went out of his house after the stabbing incident and until his surrender early ne,t morning which is contradicted by the police blotter Decena said he did not immediately confess he +illed Jamie because he was afraid to do so( a righteous individual will not cower but would readily admit the +illing at the earliest opportunity if he were legally and morally -usti'ed in doing so( Decena1s uncle appears to be an imaginative or coached witness

Prosecution1s testimony was more credible because )u*viminda had no opportunity to concoct a story given the time from when the incident too+ place to when she shouted for help(

=( 7ut t3+ =as n t+ac3+2, s t3 c+i) =as si)l 3)ici!. 5o proof that the accused committed the crime by employing means methods or forms in the e,ecution thereof which tended directly and especially to insure its e,ecution without ris+ to himself arising from the defense which the o>ended party might ma+e( ?( @itigating circumstance of voluntary surrender may be awarded to Decena( He was evidently with his concurrence accompanied and surrendered by his father to a person in authority early in the morning after the incident and before he could actually be arrested(  J2DG@950 @"DF9D 0 Decena is guilty of homicide 6 A years prison mayor to ? years A months reclusion temporal