Title
People vs. Banasen
Case
G.R. No. L-55487
Decision Date
Dec 21, 1983
Domingo Banasen acquitted of murder; Supreme Court ruled he acted in self-defense and defense of his wife's honor, supported by physical evidence and lack of credible prosecution testimony.
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Case Digest (G.R. No. L-55487)

Facts:

Prosecution's Version

  • On December 2, 1979, at around 2:00 AM, Leonardo Malong and Nemesio Gonzales were on their way to buy "boho" in Loob, Uyong, Labrador, Pangasinan.
  • Nemesio Gonzales stopped to answer a call of nature, while Leonardo Malong walked ahead.
  • Domingo Banasen suddenly appeared and hacked Leonardo Malong with a bolo, killing him.
  • Nemesio Gonzales ran to Barangay Captain Buenaventura Arenas to report the incident.
  • Martha Banasen, Domingo's wife, arrived and revealed that Domingo and Leonardo were fighting.
  • The Barangay Captain and Nemesio Gonzales returned to the scene and found Leonardo Malong dead in a yard, soaked in blood.
  • Police investigators found bloodstains and skull fragments at the scene, as well as bloodstains on the flooring of Domingo Banasen's house.
  • Domingo Banasen was found hiding in a "boho" grove, surrendered his bolo, and admitted to killing Leonardo Malong.

Defense's Version

  • Domingo Banasen claimed he killed Leonardo Malong in defense of himself and his wife's honor.
  • He testified that upon arriving home, he heard his wife crying and found Leonardo Malong atop her.
  • Leonardo Malong drew a bolo and attacked Domingo, wounding him on the left hand and knee.
  • Domingo retaliated, hacking Leonardo Malong multiple times, leading to his death.
  • Domingo dragged Leonardo's body to a nearby yard to prevent it from being trampled.
  • He intended to surrender but was apprehended by police before he could do so.

Physical Evidence

  • Bloodstains were found inside Domingo Banasen's house, on the porch, stairs, and surrounding areas, corroborating his claim that the fight started inside the house.
  • A hat belonging to Leonardo Malong was found near the kitchen, supporting Domingo's claim that Leonardo's hat flew off during the struggle.
  • Domingo Banasen suffered incised wounds on his hand and knee, consistent with his claim of being attacked by Leonardo Malong.

Issue:

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Ruling:

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Ratio:

  1. Unlawful Aggression: The Court found that Leonardo Malong initiated the aggression by attacking Domingo Banasen with a bolo after being caught in the act of assaulting Domingo's wife.
  2. Reasonable Necessity of Means: Domingo Banasen used a bolo to defend himself and his wife, which was deemed reasonable given the circumstances.
  3. Lack of Provocation: Domingo Banasen did not provoke the attack and had no part in the initial aggression.
  4. Physical Evidence: The bloodstains inside the house, the presence of Leonardo Malong's hat, and Domingo's wounds corroborated his version of events.
  5. Credibility of Witnesses: The inconsistencies in the testimony of prosecution witness Nemesio Gonzales and the lack of corroboration for his version of events weakened the prosecution's case.
  6. Self-Defense and Defense of Honor: The Court ruled that Domingo Banasen acted in defense of his wife's honor and in self-defense, exempting him from criminal liability.

The Court emphasized that Domingo Banasen's actions were justified under the circumstances, and he incurred no criminal responsibility.


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