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Noel Guillermo Y Basiliano vs. People of The Philippines Doctrine

The petitioner, Guillermo, intervened in an altercation between Winnie Alon and Arnaldo Socias over cutting wood. Winnie struck Guillermo on the head with a beer bottle. Guillermo then stabbed Winnie three times with a knife, killing him. Guillermo claimed self-defense. The court found that while there was unlawful aggression by Winnie and lack of provocation by Guillermo, the means employed by Guillermo, stabbing Winnie three times with a knife, were not reasonably commensurate or necessary to prevent the attack, as Guillermo only received one blow while inflicting lethal wounds. Therefore, not all elements of self-defense were present and Gu

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193 views1 page

Noel Guillermo Y Basiliano vs. People of The Philippines Doctrine

The petitioner, Guillermo, intervened in an altercation between Winnie Alon and Arnaldo Socias over cutting wood. Winnie struck Guillermo on the head with a beer bottle. Guillermo then stabbed Winnie three times with a knife, killing him. Guillermo claimed self-defense. The court found that while there was unlawful aggression by Winnie and lack of provocation by Guillermo, the means employed by Guillermo, stabbing Winnie three times with a knife, were not reasonably commensurate or necessary to prevent the attack, as Guillermo only received one blow while inflicting lethal wounds. Therefore, not all elements of self-defense were present and Gu

Uploaded by

Krizha Prudenciado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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NOEL GUILLERMO y BASILIANO vs.

PEOPLE OF THE PHILIPPINES


DOCTRINE:
The means employed by a person invoking self-defense must be reasonably commensurate to the
nature and the extent of the attack sought to be averted. The nature and number of wounds inflicted
on the victim is important indicia material to a plea for self-defense.
FACTS:
Petitioner Guillermo, together with Arnaldo Socias and Joemar Palma, were charged by the
prosecution with the crime of Homicide for the death of Winne Alon. According to the testimonies
of the witnesses, the petitioner and his co-accused, an altercation between Arnaldo Socias and Winnie
Alon regarding the cutting of wood by a chain saw transpired. Winnie challenged Arnaldo to a contest
to determine who could do the cleanest cut. He declined and claimed he does not know how to operate
a chainsaw. To this, Winnie retorted, "You are already old in that business, but your finished product
is still crooked. You are all dumb." Arnaldo countered, "If the wood itself is crooked, you cannot have
a straight lumber. You are dumb if you insist you can.” Winnie stood up and grabbed Arnaldo by the
collar. Guillermo intervened and told them to calm down, but Winnie struck the latter on the head
with a beer bottle. Guillermo stepped back, pulled his knife and stabbed Winnie 3 times.
RTC and CA convicted Guillermo of the crime of Homicide. Petitioner Guillermo claims self-defense.
ISSUE:
Whether or not all the elements for a valid claim of self-defense are present in this case.
RULING:
No. The Court held that only two out of the three requisites of self-defense are present.
1.) Unlawful Aggression - Winnie started the fight that ended in his death; he struck the
petitioner on the head when the latter intervened to pacify the quarrel between Winnie and
Arnaldo.
2.) Lack of sufficient provocation on the part of the person defending himsef - Petitioner
did not provoke the fight that ensued; he was a third party to the quarrel between the original
protagonists — Winnie and Arnaldo — and did not at all initiate any provocation to ignite the
quarrel.
3.) Reasonable necessity of the means employed to prevent or repel it – This requisite is not
present in this case. First, there is intrinsic disproportion between a Batangas knife and a
broken beer bottle. Second, petitioner received only one blow while he stabbed the victim thrice.
Third, knife wounds were all aimed at vital parts of the body. The depth of these wounds shows
the force exerted in the petitioner's thrusts while the locations are indicative that the thrusts
were all meant to kill, not merely to disable the victim and thereby avoid his drunken thrusts.

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