Case Summary: People vs. Rebutado
PEOPLE VS. REBUTADO
FACTS:
Jesus Rebutado (Jesus) is brother to Edwin Rebutado (Edwin; a retardate) who one night brought home a pack of cigarettes. The said pack exploded during the family’s dinner.
It was alleged that Emmanuel Caon Jr. (Junior) was the perpetrator of the incident. It was however found otherwise by the barangay after their investigation.
Unsatisfied, Jesus still wants to confront Junior; hence, one day Jesus violently followed Emmanuel Rebutado Sr. (Senior) home. Upon reaching the Caon’s balcony Jesus demanded that he talk to Junior, Senior refused since his son was already asleep. In the middle of the confrontation, Norberta Caon (Senior’s wife), even went out to pacify his husband.
Jesus took out his gun (he was left-handed) and shot Senior at his forehead. He later died.
On trial, Jesus said that when Senior went to his son’s room, he took a gun with him outside to confront him, he tried to disarm Senior then a shot went off; the bullet went through the latter’s forehead. He went home with the gun.
Edwin threw the gun to the sea.
Jesus asserts that he was merely performing a lawful act of defending himself when he grabbed the victim’s hand which held the gun. The gun accidentally fired and the bullet hit the victim’s forehead. The accident was not his fault. The appellant asserts that when he wrestled with the victim for the possession of the gun, he was merely defending himself. He contends that he had no intention of killing the victim, as he merely wanted to talk to his son. If he had wanted to kill the victim, he could have easily done so when he met the latter for the first time that fateful night of November 5, 1993.
The lower court convicted Jesus of Murder.
ISSUE:
Whether Jesus is guilty for murder?
HELD: Yes
RATIO DECIDENDI:
It is an affirmative defense that must be proved by the accused with clear and convincing evidence. By admitting causing the injuries and killing the victim, the accused
FACTS:
Jesus Rebutado (Jesus) is brother to Edwin Rebutado (Edwin; a retardate) who one night brought home a pack of cigarettes. The said pack exploded during the family’s dinner.
It was alleged that Emmanuel Caon Jr. (Junior) was the perpetrator of the incident. It was however found otherwise by the barangay after their investigation.
Unsatisfied, Jesus still wants to confront Junior; hence, one day Jesus violently followed Emmanuel Rebutado Sr. (Senior) home. Upon reaching the Caon’s balcony Jesus demanded that he talk to Junior, Senior refused since his son was already asleep. In the middle of the confrontation, Norberta Caon (Senior’s wife), even went out to pacify his husband.
Jesus took out his gun (he was left-handed) and shot Senior at his forehead. He later died.
On trial, Jesus said that when Senior went to his son’s room, he took a gun with him outside to confront him, he tried to disarm Senior then a shot went off; the bullet went through the latter’s forehead. He went home with the gun.
Edwin threw the gun to the sea.
Jesus asserts that he was merely performing a lawful act of defending himself when he grabbed the victim’s hand which held the gun. The gun accidentally fired and the bullet hit the victim’s forehead. The accident was not his fault. The appellant asserts that when he wrestled with the victim for the possession of the gun, he was merely defending himself. He contends that he had no intention of killing the victim, as he merely wanted to talk to his son. If he had wanted to kill the victim, he could have easily done so when he met the latter for the first time that fateful night of November 5, 1993.
The lower court convicted Jesus of Murder.
ISSUE:
Whether Jesus is guilty for murder?
HELD: Yes
RATIO DECIDENDI:
It is an affirmative defense that must be proved by the accused with clear and convincing evidence. By admitting causing the injuries and killing the victim, the accused