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Facts:
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Crime of murder was reduced to homicide by the Supreme Court absence proof of treachery
and it also dissolved ruling of RTC and affirmation of CA that there was conspiracy between 2
accused.
Accused are Dagani and Santiano
They argued
RTC nonetheless find them guilt y beyond reasonable doubt of the crime of
SC Ruling:
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Murder was reduced to homicide absence proof of treachery. Conspiracy between accused was
dissolved absence proof. Self-defense and performance of official duty cannot be invoked as
justifying circumstance
Ratio:
On self defense: The defense was unable to prove that there was
danger to their lives had already ceased the moment Dagani held
down the victim and grappled for the gun with the latter. After
the victim had been thrown off-balance, there was no longer
any unlawful aggression
Santiano went beyond the call of self-preservation when he
proceeded to inflict the excessive and fatal injuries on Javier,
Means that are reasonable and necessary were not satisfied to
invoke self defense.
Considering the circumstances in its entirety. It does not justify appellant
Santianos act of fatally shooting the victim twice. [ 2 6 ]
Regarding exercise of lawful duty as justifying, Two requisites must concur
before this defense can prosper: 1) the accused must have acted
in the performance of a duty or in the lawful exercise of a right
The law does not clothe police officers with authority to arbitrarily judge the
necessity to kill
it must be stressed that the judgment and discretion of police officers in the
performance of their duties must be exercised neither capriciously nor
oppressively, but within reasonable limits.
Regarding conspiracy, although the victim had been shot by one of the accused while
being held by a co-accused, there is no other evidence that the appellants were
animated by the same purpose or were moved by a previous common accord.
conspiracy must be established by clear and convincing evidence. 39
The prosecution did not establish that the act of Dagani in trying to wrestle the
gun from Javier and in the process, held the latters hands, was for the purpose
of enabling Santiano to shoot at Javier
Dagani "seem[ed] to be shocked, he was standing and looking at the victim" as
Javier gradually fell to the ground
It must be resolved in favor of the accused.