Republic of the Philippines DEPARTMENT OF JUSTICE OFFICE OF THE CITY PROSECUTOR City of Surigao

P/SR. INSP. JIM CONAN, Complainant, I.S. NO. 1234 -versusFOR: HOMICIDE. KULAS SANTAMARIA and PEDRO SANTOS, Respondent, x---------------------------------/

RESOLUTION The Respondents, JUAN DELA CRUZ and PEDRO SANTOS were charged of the crime of HOMICIDE in a complaint filed by Police Senior Inspector JIM CONAN. In support of his complaint, the herein complainant attached the following documents: 1. Joint Affidavits of Jason Sun and Joana Gordonas; 2. Affidavit of Daisy Labastida; 3. Death Certificate of Juan dela Cruz; 4. Autopsy Report of Juan dela Cruz; 5. Anatomical Sketch of Juan dela Cruz; 6. Police Record of Events and others. Statement of Facts Based on the investigation conducted by the Police Investigator, PO2 JACKIE CHAN, the facts of the case are stated hereunder: That on or about the 1st day of January 2013, at around 12:45 in the afternoon in Brgy. Calanipa,
1

Surigao City, Philippines, the respondents and the victim, JUAN DELA CRUZ, while having a drinking spree, had a heated argument which resulted to a brawl between the three of them. That in the course of the said brawl, KULAS SANTAMARIA and PEDRO SANTOS, drew the knives tucked under their shirts and then and there stabbed JUAN DELA CRUZ repeatedly in different parts of his body, killing the latter instantly. In the joint affidavit of witnesses Jason Sun and Joana Gordonas, stated that on January 1, 2013 at about 12:45 in the afternoon, they were at Brgy. Canlanipa, Surigao City, when the incident took place. While standing in the waiting shed, they saw the respondents and the victim, drinking liquors in a nearby sari-sari store and later on witnessed that the three were having an argument. Much to their surprise, they also saw that the respondents drew knives tucked under their shirts and stabbed repeatedly the other victim. In the affidavit of Daisy Labastida, the owner of the sari-sari store where the incident ensued stated that the respondents and the victim were drinking alcoholic beverages ordered from her store when they had an argument. The respondents later on pulled knives tucked under their shirts and stabbed the victim repeatedly causing his death. The respondents then immediately flee using a motorcycle she believed one of them owned. She then called the police and ambulance for help. As for the respondents, in their counter-affidavits, they vehemently denied the accusations against them putting up self-defense. They both alleged that on January 1, 2013 at about 12:45 in the afternoon, they were at Brgy. Canlanipa, Surigao City, having a drinking spree with the deceased, Juan dela Cruz. They later on had a disagreement on who will pay the drinks they ordered when in fact it was the deceased who persuaded them to drink with him on his account. That during said the heated argument, it was the deceased who attempted to draw a pistol from his waist and so the respondents, in defense of themselves, also drew the knives tucked under their shirts and stabbed the Juan dela Cruz.

Analysis/Findings and Recommendations Article 249 of the Revised Penal Code specifically states: Art. 249. Homicide Any person who, not falling within the provisions of Article 246, shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal. The facts of the case before us quarely fall under the crime of Homicide. The elements of the crime are as follows: a) That a person was killed; b) That the accused circumstances; killed him without justifying

c) That the accused had the intention to kill, which is presumed; d) That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide and infanticide. It is clear that the abovementioned elements are present. The deceased, JUAN DELA CRUZ, died because of the stabbed wounds inflected by the respondents as evidenced by the autopsy report. The intent to kill is also evident due to the fatal stabbed wounds the deceased received from the respondents. The respondents, as for their defense, admitted killing JUAN DELA CRUZ on the ground of self-defense. However, it is a well settled rule that once an accused has admitted that he inflicted the fatal injuries on the deceased, it is incumbent upon him in order to avoid criminal liability, to prove the justifying circumstances claimed by him with clear, satisfactory and convincing evidence. (Cabuslay vs. People. 471 SCRA 241) In order for the justifying circumstances of self-defense to be appreciated, the following requisites must concur, to wit: (1) Unlawful aggression; (2) Reasonable necessity of
3

the means employed to prevent or repel the attack; and (3) lack of sufficient provocation on the part of the person defending himself. Aggression presupposes that the person attacked must face a real threat to his life and the peril sought to be avoided is imminent and actual, not imaginary. Unlawful aggression, a primordial element of selfdefense, would presuppose an actual, sudden and unexpected attack or imminent danger on the life and limb of the person not a mere threatening or intimidating attitude but most importantly, at the time the defensive action was taken against the aggressor; there is aggression in contemplation of the law only when the one attacked faces real and immediate threat to ones life. (People vs Dagani, 499 SCRA 64) The defendants failed to persuade the Investigation Prosecutor that the killing was indeed done in self-defense. It can be gleamed that there was no unlawful aggression as there was no actual or imminent danger. Hence, the theory of self-defense must fail. WHEREFORE, IN VIEW OF THE FOREGOING, it is most respectfully recommended that information for the crime of Homicide be filed against the respondents KULAS SANTAMARIA and PEDRO SANTOS. Surigao City, Philippines, this 5th day of January 2013.

JAMAICA A. MAGLINTE-DACUTANAN Assistant City Prosecutor APPROVED BY: MARIA B. UGAY Chief City Prosecutor Copy furnished: (1) Kulas Santamaria-Brgy. Perlas, Surigao City (2) Pedro Santos-Brgy. Orchid, Surigao City
4