3 People v. Nabayra PDF

 

PEOPLE v. NABAYRA G.R. No. 96368-69 October 17, 1991 GUTIERREZ, JR., J:

FACTS OF THE CASE The case revolved on the death of Remy Nabayra (Remy). Remy was hacked to death by his nephew Erubien Nabayra (Erubien). Erubien admitted the killing but claimed that he did so in selfdefense. Remy and Erubien were also not in good terms as the former accused Erubien of stealing the carabao owned by the mother of Remy (grandmother of Erubien). According to Erubien, on the day of the incident, he went to the river bank where he met his uncle Remy. Right there, Remy got a bag from the sack that he was carrying then. After which the bag was opened and Remy took out a gun from the bag. The gun was aimed at Erubien while Remy said I will shoot. I will kill you.   “

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Erubien drew his bolo and hacked Remy a couple of times. Remy ran away but he was chased by Erubien. When Remy fell into the ground, Erubien stabbed him again. Erubien got the gun and then later on was apprehended by the police. Two information were filed against Erubien. First is an information for murder in connection with the killing of Remy and the second one is for the illegal possession of firearms. The trial ensued and the Regional Trial Court found him guilty of the crime of Murder and Illegal Possession of Firearms. Hence this appeal before the Supreme Court. ISSUE Whether or not there t here was self-defense. There was NO SELF-DEFENSE. The following are the requisites of a legitimate self-defense: 1.  Unlawful aggression on the part of the victim v ictim 2.  Reasonable necessity of the means employed to prevent or repel the unlawful aggression 3.  Lack of sufficient provocation on the part of the person defending himself. Erubien claimed that Remy was the unlawful aggressor considering that the latter was the first to draw his gain and tried to shoot him. This claim was belied by the Court. The Court said that the scenario de depicted is INCREDULOUS. Erubien did not do anything immediately at the instance Remy drew his gun. Contrary to human instinct of preserving one s life. ’

 

The Court also stated the well-settled rule that evidence to be believed mist not only proceed  from the the mou mouth th of a credi credible ble witness, witness, but m must ust be credible in itself itself such such as the common common ex experience perience and observation of mankind can approve as probable under the circumstance.   Also, the manner of infliction and the number of physical injuries sustained by the victim negate self defense. If Erubien intended only to defend himself, he would not have inflicted further injuries. In the case, it was mentioned that he (Erubien) even chased Remy when the latter ran away. “  

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RULING The RTC Decision was modified. The accused was convicted for the crime of HOMICIDE (RTC earlier convicted Erubien of Murder). The RTC Decision on the Illegal Possession of Firearms was affirmed.