sample prosecutors resolution involving homicide

8/13/2019 Sample Prosecutors Resolution Involving Homicide

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Republic of the PhilippinesDEPARTMENT OF JUSTICE

OFFICE OF THE CITY PROSECUTOR

City of Surigao

P/SR. INSP. JIM CONAN,Complainant,

-versus-

KULAS SANTAMARIA andPEDRO SANTOS,

Respondent,

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RESOLUTION

The Respondents, JUAN DELA CRUZ and PEDROSANTOS were charged of the crime of HOMICIDE in acomplaint filed by Police Senior Inspector JIM CONAN.

In support of his complaint, the herein complainantattached 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 PoliceInvestigator, PO2 JACKIE CHAN, the facts of the case arestated hereunder:

That on or about the 1stday of January 2013, ataround 12:45 in the afternoon in Brgy. Calanipa,

I.S. NO. 1234

FOR: HOMICIDE.


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Surigao City, Philippines, the respondents and thevictim, JUAN DELA CRUZ, while having a drinkingspree, had a heated argument which resulted to a

brawl between the three of them. That in the course ofthe said brawl, KULAS SANTAMARIA and PEDROSANTOS, drew the knives tucked under their shirts andthen and there stabbed JUAN DELA CRUZ repeatedly indifferent parts of his body, killing the latter instantly.

In the joint affidavit of witnesses Jason Sun and JoanaGordonas, stated that on January 1, 2013 at about 12:45 inthe afternoon, they were at Brgy. Canlanipa, Surigao City,

when the incident took place. While standing in the waitingshed, they saw the respondents and the victim, drinkingliquors in a nearby sari-sari store and later on witnessedthat the three were having an argument. Much to theirsurprise, they also saw that the respondents drew knivestucked under their shirts and stabbed repeatedly the othervictim.

In the affidavit of Daisy Labastida, the owner of the

sari-sari store where the incident ensued stated that therespondents and the victim were drinking alcoholicbeverages ordered from her store when they had anargument. The respondents later on pulled knives tuckedunder their shirts and stabbed the victim repeatedly causinghis death. The respondents then immediately flee using amotorcycle she believed one of them owned. She then calledthe police and ambulance for help.

As for the respondents, in their counter-affidavits, theyvehemently denied the accusations against them putting upself-defense. They both alleged that on January 1, 2013 atabout 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 whowill pay the drinks they ordered when in fact it was thedeceased who persuaded them to drink with him on hisaccount. That during said the heated argument, it was thedeceased who attempted to draw a pistol from his waist andso the respondents, in defense of themselves, also drew theknives tucked under their shirts and stabbed the Juan delaCruz.


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Analysis/Findings and Recommendations

Article 249 of the Revised Penal Code specifically

states:

Art. 249. Homicide Any person who, not fallingwithin the provisions of Article 246, shall kill another withoutthe attendance of any of the circumstances enumerated inthe next preceding article, shall be deemed guilty ofhomicide and be punished by reclusion temporal.

The facts of the case before us quarely fall under thecrime of Homicide. The elements of the crime are as follows:

a)That a person was killed;b)That the accused killed him without justifying

circumstances;

c)That the accused had the intention to kill, which ispresumed;

d)That the killing was not attended by any of thequalifying circumstances of murder, or by that ofparricide and infanticide.

It is clear that the abovementioned elements arepresent. The deceased, JUAN DELA CRUZ, died because ofthe stabbed wounds inflected by the respondents asevidenced by the autopsy report. The intent to kill is also

evident due to the fatal stabbed wounds the deceasedreceived from the respondents.

The respondents, as for their defense, admitted killingJUAN DELA CRUZ on the ground of self-defense. However, itis a well settled rule that once an accused has admitted thathe inflicted the fatal injuries on the deceased, it isincumbent upon him in order to avoid criminal liability, toprove 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-defenseto be appreciated, the following requisites must concur, towit: (1) Unlawful aggression; (2) Reasonable necessity of


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the means employed to prevent or repel the attack; and (3)lack of sufficient provocation on the part of the persondefending himself.

Aggression presupposes that the person attacked mustface a real threat to his life and the peril sought to beavoided is imminent and actual, not imaginary.

Unlawful aggression, a primordial element of self-defense, would presuppose an actual, sudden andunexpected attack or imminent danger on the life and limbof the person not a mere threatening or intimidatingattitude but most importantly, at the time the defensive

action was taken against the aggressor; there is aggressionin contemplation of the law only when the one attackedfaces real and immediate threat to ones life. (People vsDagani, 499 SCRA 64)

The defendants failed to persuade the InvestigationProsecutor that the killing was indeed done in self-defense.It can be gleamed that there was no unlawful aggression asthere was no actual or imminent danger. Hence, the theory

of self-defense must fail.

WHEREFORE, IN VIEW OF THE FOREGOING, it is mostrespectfully recommended that information for the crime ofHomicide be filed against the respondents KULASSANTAMARIA and PEDRO SANTOS.

Surigao City, Philippines, this 5thday of January 2013.

JAMAICA A. MAGLINTE-DACUTANANAssistant City Prosecutor

APPROVED BY:

MARIA B. UGAYChief City Prosecutor

Copy furnished:(1) Kulas Santamaria-Brgy. Perlas, Surigao City(2) Pedro Santos-Brgy. Orchid, Surigao City

sample prosecutors resolution involving homicide

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