You are on page 1of 2

Aleta vs People Facts: Marcelo and his sons-co-appellants Ferdinand, Rogelio, Marlo and Jovito, all surnamed Aleta

killed Celestino Duldulao and Fernando Acob through clubbing them with wood. Based on testimonies of witnesses and report on investigation, the victims suffered deep and large amount of clubbing which couldnt be performed by a single person. Also the victims fell on the gound due to the impact of the wood but they were continuously clubbed and hit with wood until they died. The court found all of them guilty beyond reasonable doubt of murder. It also rules out the accused claim on self-defense and defense of relative. With that all the accused petitioned. Issue: WON the accused can interpose self-defense and defense of relative. WON there was conspiracy.

Held: No. Alibi, self-defense or defense of relatives are inherently weak defenses which, as experience has shown, can easily be fabricated. For the accused to be entitled to exoneration based on self-defense or defense of relatives, complete or incomplete, it is essential that there be unlawful aggression on the part of the victim, for if there is no unlawful aggression, there would be nothing to prevent or repel. For unlawful aggression to be appreciated, there must be an actual, sudden and unexpected attack or imminent danger thereof,. On the case, lawful aggression on the part of the victims is not present. The moment the victims fell on the ground extinguished any imminent danger they pose. With that the accused should have stopped but intead they continued clubbing the victims until dead.

Yes, conspiracy was present during the attack. When two or more persons aim their acts towards the accomplishment of the same unlawful object, each doing a part so that their acts, though apparently independent, were in fact connected and cooperative indicating a concurrence of sentiment, conspiracy may be inferred. And where there is conspiracy, the act of one is deemed the act of all.

You might also like