Facts:

• The case involves Arturo Romera (petitioner) and the People of the Philippines (respondent).
• The incident occurred on October 4, 1998, at around 7:00 PM in Sitio Puntod, Barangay Balagnan, Balingasag, Misamis Oriental.
• Romera was accused of frustrated homicide for stabbing Roy Mangaya-ay with a bolo, causing a serious abdominal injury.
• The Information alleged that Romera acted with intent to kill, performing acts that could have led to homicide, which was prevented by timely medical intervention.
• Both Romera and Mangaya-ay were part of a group going to play volleyball; tensions arose from a joke that angered Mangaya-ay.
• Later that evening, Romera waited for Mangaya-ay, brandishing a bolo.
• After Mangaya-ay fell, Romera approached, taunted him, and stabbed him in the stomach.
• Mangaya-ay required over three weeks of hospitalization due to his injuries.
• Romera voluntarily surrendered to authorities post-incident, claiming self-defense, asserting that Mangaya-ay attacked him first.
• The Regional Trial Court (RTC) found Romera guilty of frustrated homicide, sentencing him to imprisonment and ordering him to pay damages.
• Romera appealed, arguing that the trial court did not properly consider his self-defense claim and mitigating circumstances.

Issue:

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Ruling:

• The Court of Appeals affirmed the RTC's decision, finding Romera guilty of frustrated homicide.
• The appellate court ruled that self-defense was not applicable as unlawful aggression had ceased when Romera took possession of the bolo.
• It determined that provocation and passion or obfuscation could not be treated as separate mitigating circumstances.
• The court acknowledged voluntary surrender as a mitigating factor.
• The Supreme Court modified the ...(Unlock)

Ratio:

• The Supreme Court emphasized that self-defense requires unlawful aggression, which was absent once Romera gained control of the bolo.
• It ...continue reading