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    22 PEOPLE vs. ALFREDO CAGALINGAN y ROMINA

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    Norbert Diaz
    1) Jovito Cagalingan was holding a basket of crab claws when Jomar Desor jokingly tried to take some to roast. A scuffle ensued between the two that was not serious in nature. 2) Alfredo Cagalingan then stabbed Jomar with a bolo, and Jovito and Victor Romina also stabbed Jomar with knives. 3) The court found there was no unlawful aggression or threat to Jovito's life, as the altercation between him and Jomar was non-serious, and the multiple stab wounds indicated the attack was not self-defense but rather an effort to kill Jomar.

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    22 PEOPLE vs. ALFREDO CAGALINGAN y ROMINA

    Uploaded by

    Norbert Diaz
    256 views1 page
    1) Jovito Cagalingan was holding a basket of crab claws when Jomar Desor jokingly tried to take some to roast. A scuffle ensued between the two that was not serious in nature. 2) Alfredo Cagalingan then stabbed Jomar with a bolo, and Jovito and Victor Romina also stabbed Jomar with knives. 3) The court found there was no unlawful aggression or threat to Jovito's life, as the altercation between him and Jomar was non-serious, and the multiple stab wounds indicated the attack was not self-defense but rather an effort to kill Jomar.

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    1) Jovito Cagalingan was holding a basket of crab claws when Jomar Desor jokingly tried to take some to roast. A scuffle ensued between the two that was not serious in nature. 2) Alfredo Cagalingan then stabbed Jomar with a bolo, and Jovito and Victor Romina also stabbed Jomar with knives. 3) The court found there was no unlawful aggression or threat to Jovito's life, as the altercation between him and Jomar was non-serious, and the multiple stab wounds indicated the attack was not self-defense but rather an effort to kill Jomar.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    256 views1 page

    22 PEOPLE vs. ALFREDO CAGALINGAN y ROMINA

    Uploaded by

    Norbert Diaz
    1) Jovito Cagalingan was holding a basket of crab claws when Jomar Desor jokingly tried to take some to roast. A scuffle ensued between the two that was not serious in nature. 2) Alfredo Cagalingan then stabbed Jomar with a bolo, and Jovito and Victor Romina also stabbed Jomar with knives. 3) The court found there was no unlawful aggression or threat to Jovito's life, as the altercation between him and Jomar was non-serious, and the multiple stab wounds indicated the attack was not self-defense but rather an effort to kill Jomar.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PEOPLE vs. ALFREDO CAGALINGAN y ROMINA and VICTOR ROMINA, JR.

    y
    VELANCIO, G.R. No. 79168 August 3, 1990

    Facts: Afternoon of June 4, 1984 at Centro, Aparri, Cagayan. Eight persons saw the accused Jovito
    Cagalingan holding a basket containing claws of crabs. Jomar Desor, the victor approached Jovita, took
    hold of the basket and jokingly asked the latter to give him crabs so that he could roast then. Jovito
    refured saying that he was bringing them home for their viand. Soon thereafter, Jomar heald the throat of
    Jovito but Jovito was able to remove his hand and went at the back of latter. The wife of Alfredo
    Cagalingan saw them and shouted that Jovito was being killed by Joemar. Alfredo Cagalingan, who was
    inside the house jump out of the house, holding a bolo went behind Joemar and stabbed him. Jovito who
    was able to free himself from Joemar drew his knife from his waist and stabbed the victim twice. While
    stabbing was being perpetrated, accused Victor Romina jumped out of the window and join the accused,
    he also stabbed Joemar once. The latter at that time was already immobile, lying prostrate on the ground.
    The mother of the victim heard the commotion and rushed to the crime site. There she saw Joemar lying
    prostrate on the ground with three accused still holding weapons.
    Issue: Was there unlawful aggression in the killing of Joemar Desor?
    Ruling: None. A review of the evidence, however, fails to lend credence to the appellants' claim that
    there was unlawful aggression on the part of the deceased. Lory Bunabon categorically stated that the
    deceased Joemar Desor and the appellant Jovito Cagalingan were laughing and joking as they were
    grappling for the possession of the basket of crabs which Joemar Desor wanted to get from Jovito
    Cagalingan.
    For unlawful aggressionto be present, there must be a real danger to life or personal safety.
    Here, there was no danger to the life of Jovito Cagalingan as they (Jovito and Joemar) were in a
    frolicsome mood. Besides, it would appear that the deceased was unarmed at the time and sustained
    five(5) stab wounds in different parts of his body , which indicates that the act (stabbing) was not in
    defense of a relative but a determined effort to kill the deceased. It would also appear that when Alfredo
    Cagalingan voluntarily surrendered to the police,he did not inform the latter that he killed the deceased in
    order to protect the life of his brother Jovito. He merely said that he accidentally injured one Desor. As
    stated by theCourt in one case, "if he had really acted in self-defense, the probability is that he wouldhave
    immediately informed the authorities of that fact if only to minimize his guilt if not to exculpate himself."

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