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even if weak, it could not be disbelieved

People v. Pantorilla 322 SCRA 337 after the accused admitted to the killing.[18]
FACTS: An appeal from the decision of the RTC.  In this case, the fact that accused-appellant
 On December 24, 1989, at around 7:00 in the evening, sustained injuries did not signify that he
Allan Cablayan, saw Franklin Bello being dragged by was a victim of unlawful aggression. His
three persons. Allan Cablayan identified them as examining doctor testified that the wounds
accused-appellant Jose Pantorilla, accused Bartolome
he incurred were merely superficial,
Dahan and a third person he did not know. The three
persons dragged Bello inside the house of Jose perhaps caused by a small bladed
Pantorilla and locked it. Allan Cablayan then heard instrument,[19] not a bolo. Furthermore, the
Bello from the inside crying for help. Cablayan sought medical certificate issued by Dr. Carlota
assistance from his neighbors. They attempted to enter Sandique of Sto. Nio Hospital, Makilala,
the house of Pantorilla, but the door was locked. They Cotabato failed to indicate the purported
called for police assistance.
 After a warning shot, Policemen then entered the
injury of Pantorilla on his upper breast and
house and found the body of Franklin Bello sprawled on on his hand,[20]rendering the testimony of
the concrete floor of the kitchen, with blood and accused-appellant Pantorilla doubtful.
intestines protruding from his slashed stomach. 
 Accused Jose Pantorilla had a different story.  Trial Court found accused JOSE PANTORILLA guilty
 Jose Pantorilla alleges that the trial court beyond reasonable doubt of the crime of MURDER.
erred in not believing his plea of self- ISSUEs: (1) Whether the plea of self-defense can be validly
defense. He claims that it was Franklin invoked by the accused.
Bello who, under the influence of liquor, 1) The plea of self-defense cannot prosper. The rule is
entered his house and started hacking him well-settled that when an accused invokes self-defense, the
with a bolo.[13] He stabbed Bello out of fear burden of evidence to prove his claim shifts to him. It is
incumbent upon him to show the concurrent presence of all the
for his own life and in order to protect his
elements of self-defense, namely, (1) unlawful aggression on the
house from being robbed. Sdjad part of the victim; (2) reasonable necessity of the means
 To buttress his claim of unlawful employed to prevent or repel it; (3) and lack of sufficient
aggression, accused-appellant presented a provocation on the part of the person defending himself.
medical certificate[14] which showed that he Unlawful aggression is an indispensable element, whether in
had contusions and hematoma, with an complete or incomplete self-defense. He must rely on the
strength of his own evidence and not on the weakness of that of
incised wound on his left foot and on the the prosecution, for even if weak, it could not be disbelieved
second toe of his right foot. He claimed that after the accused admitted to the killing.
he sustained the injuries when Franklin
Bello hacked him.  In this case, the fact that accused-appellant sustained
injuries did not signify that he was a victim of unlawful
 The rule is well-settled that when aggression. His examining doctor testified that the
an accused invokes self-defense, wounds he incurred were merely superficial, perhaps
caused by a small bladed instrument not a bolo.
the burden of evidence to prove his  Moreover, his testimony was not corroborated by any
claim shifts to him. [15]
witness. Neither his wife nor the wife of Bartolome
 It is incumbent upon him to show the Dahan, who were allegedly inside the house when the
concurrent presence of all the elements of stabbing incident occurred, testified in court.
 Furthermore, prosecution witness Allan Cablayan
self-defense, namely, (1) unlawful
identified accused-appellant as the aggressor, together
aggression on the part of the victim; (2) with two other persons.
reasonable necessity of the means  The nature, location and number of wounds inflicted on
employed to prevent or repel it; (3) and the victim indicate a determined effort to kill him.
lack of sufficient provocation on the part of  2
the person defending himself.[16]
 Unlawful aggression is an indispensable
element, whether in complete or incomplete
self-defense.[17] He must rely on the strength
of his own evidence and not on the
weakness of that of the prosecution, for

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