Based on these facts, Sanchez insists in his
THIRD Petition[11] dated November 17, 2003, that he
DIVISION acted in self-defense. According to him, Jamero
was the unlawful aggressor having struck him
CELERINO SANCHEZ,
with a shovel. Had he not fought back by hacking
G. R. No. 161007
Jamero with a bolo, he would have been the one
PETIONER
killed.
QUISUMBING..J, In its Comment[12] dated September 16, 2004,
Chairperson the Office of the Solicitor General (OSG)
-versus-CARPIO, maintains that the plea of self-defense, whether
CARPIO MORALES, complete or incomplete, should fail because
there was no longer any unlawful aggression on
TINGA, and
the part of Jamero when Sanchez hacked him.
VELASCO, JR., JJ.
The case stems from an Information [3] dated March According to the OSG, Jameros attack on Sanchez
24, 1994, docketed as Criminal Case No. 94-10- was unsuccessful because the latter was able to
430, indicting Sanchez for the death of evade it and Jameros shovel got stuck in the
Felix Jamero (Jamero). The Information reads: mud. Jamero fled toward the ricefield when
Sanchez unsheathed his bolo. Sanchez pursued
That on September 4, 1993, at 7:00 oclock in the him and struck his head with a bolo. Jamero fell
morning, more or less, in Barangay San Jose, down but was able to stand up again. He ran
Municipality of Mahayag, Province away but after a short distance, fell down again.
of Zamboanga del Sur, Republic of the Philippines, Sanchez approached him and stabbed him
and within the jurisdiction of this Honorable Court, several times. Not satisfied, Sanchez pushed
the above-named accused, with intent to kill and Jameros face down into the knee-deep mud. After
armed with a long sharp bolo, did then and there Jameros aggression ceased when he fled and left
willfully, unlawfully and feloniously, assault[,] his shovel stuck in the mud, there was no longer
attack, hack and stab one FELIX JAMERO, inflicting any justification for Sanchez to go after him and
upon the victim multiple stab wounds in the hack him to death.
different parts of his body which cause his instant
FACTS OF THE CASE Sanchez filed a Reply to Respondents People of
the Philippines Comment[13] dated November
Sanchezs account of the facts shows that he and 11, 2004, reiterating that he acted in self-
Jamero were tenants of adjacent lots located in defense.
San Jose, Mahayag, Zamboanga del Sur.[8] At
Having admitted
WHEREFORE, that he in killed
view of Jamero,
the foregoing,
the burden judgment
about 7:00 oclock in the morning of September 4, We sustain the Decision of the Court of Appeals.
of evidence is hereby
that one rendered
acted inpartly
self-defense
granting shifted
the instant
1993, Sanchez saw Jamero destroying the dike
to Sanchez. appeal.
It is textbook
Self-defense isThe decision
doctrineallegation
an affirmative ofthat
thewhen trial
andself-
court is
which served as the boundary between the two
defense is MODIFIED
invoked, inthe soburden
far as of theevidence
penalty shifts
is concerned
lots. Sanchez confronted Jamero and told the latter
to theoffers exculpation
appellant
which should from
to show
be SIXliability
that
(6) YEARS
theforkilling
crimes
and ONE only(1)
was if day
that he was encroaching on his land. Jamero
satisfactorily
justified and
of Prision
that heshown.
Mayor asSelf-defense
incurred Minimum
no criminal requires:
to liability
TWELVE (a) (12)
struck him with a shovel. The shovel got stuck in
unlawful
therefor. YEARS aggression
He must and rely
ONE onon
(1)
thethe
day part
strength of the
of Reclusion
of hisvictim;
own (b) as
Temporal
the mud so Jamero resorted to throwing mud at
reasonable
evidence and necessity
maximum. not Allonother of the
the means
aspects
weakness of employed
the the by are
of decision
Sanchez. Fighting back, Sanchez hacked Jamero
the accused
prosecutionsAFFIRMED. to No
evidence, repelfor,it;even
costs. and if(c)the
lack of sufficient
latter were
with a bolo, resulting in the latters death.[9]
weak, provocation
it could not on his
be part.[14]
disbelieved after his open
Sanchez then proceeded to the municipal building
admission of responsibility for the killing. Hence,
to surrender upon the advice of his son-in-law.
he must prove the essential requisites of self-
defense aforementioned.[15]
There can be no self-defense, complete or
incomplete, unless the accused proves the first
essential requisite unlawful aggression on the part REMEDIES
of the victim. Unlawful aggression presupposes an
After Sanchez serve his minimum sentence the
actual, sudden and unexpected or imminent
Board of Pardon and Parole recommend him in
danger on the life and limb of a person - a mere
commutation of sentence
threatening or intimidating attitude is not
sufficient. There must be actual physical force or a
threat to inflict physical injury. In case of a threat,
it must be offensive and positively strong so as to
display a real, not imagined, intent to cause injury.
Aggression, if not continuous, does not constitute
aggression warranting self-defense.18
In this case, the twin circumstances of Jamero's Reason why the president give him
shovel getting stuck in the mud and his running Commutation
away from Sanchez convincingly indicate that
there was no longer any danger to the latter's life In the spirit of Christmas, President Benigno
and limb which could have justified his pursuit of Aquino III has granted executive clemency. The
Jamero and subsequent hacking and killing of the statement said the granting of executive
latter. clemency was in line with the spirit of Christmas
and its message of love, forgiveness and
Sanchez's failure to prove unlawful aggression by redemption." Celerino Sanchez, who was
Jamero and the prosecution's evidence originally sentenced to suffer an indeterminate
conclusively showing that it was Sanchez who was prison term of eight years and one month up to
the unlawful aggressor completely discounts 12 years, had his sentence commuted to five
Sanchez's claim of self-defense. Even incomplete years to 10 years, but his obligation to pay the
self-defense by its very nature and essence would death indemnity set at P165,000.00 stands. He
always require the attendance of unlawful is now 82 years old and has been in prison for
aggression initiated by the victim which must more than five years and 10 months
