GR L 3986; (November, 1907) (Digest)
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G.R. No. L‑3986
FACTS
– Castor Esconde initiated a physical altercation, kicking Ambrosio Gesmundo in the face and then holding him by the neck.
– While restrained, Gesmundo drew a pen‑knife to free himself and inflicted a wound that caused Esconde’s death.
ISSUE
Whether Gesmundo is criminally liable for the death of Esconde or may be exonerated on the ground of self‑defense.
RULING
The Court held that the elements of self‑defence were present: unlawful aggression by Esconde, reasonable necessity to use force, and proportionality of the response. Accordingly, Gesmundo was acquitted of criminal responsibility, and the costs in both instances were declared de officio.
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