People vs. Tomolin


Justifying circumstance of self-defense


On the 5th day of October, 1994, in the municipality of Paranaque, Metro Manila., Philippines accused Emarjonel Francisco Tomolin, with intent to kill, without justifiable cause, and with treachery and evident premeditation, feloniously attacked, assaulted and shoot with a gun, Rolando Virtudes and Alfredo Ayeras thereby inflicting to both victims serious and mortal gunshot wounds which caused their death.

Accused-appelant, during his testimony, admitted shooting Rolando and Alfredo, but claimed self-defense. He claimed that at around 12:45 AM, Tomolin approached the front gate  of the  building to turn over the watchman’s clock to Alfredo. He alleged that Alfredo and Rolando directed insulting words at him, and Rolando even poked his gun against his chest. Rolando also slapped accused-appellant and tried to grab his service firearm. They both grappled for the gun, and in the ensuing struggle, he shot Rolando. After shooting Rolando, Alfredo tried to grab his hand and after a brief struggle he shot Alfredo.

Narciso Bistel however, also with the  victims during  the incident, belied the testimony of Tomolin. He testified  that accused-appelant shot Rolando at his back while the latter was seated and writing on the logbook and Alfredo while his back was faced against the accused-appelant.

Medico Legal findings matched with the testimony of Narciso Bistel upon examination of the gunshot wounds.


Whether or not self-defense was properly invoked in this case.


Self Defense was not properly invoked in this case because of the wanting of the first requisite of self defense which is unlawful aggression, an actual, sudden and unexpected attack or imminent danger on the life and limb of the person defending himself.