Title
People vs. Rubillos
Case
G.R. No. 75777
Decision Date
Jul 13, 1988
Melvin Rubillos shot Renato Jubiar during a confrontation, claiming self-defense. The Supreme Court ruled him the aggressor, modifying the charge to homicide due to insufficient proof of self-defense or aggravating circumstances.

Case Summary (G.R. No. 75777)

Factual Background

On the night of April 24, 1983, while Renato Jubiar, Cornelio Garcia, and Atiliano Sagaldea were socializing in front of a store in Villaba, Leyte, Melvin Rubillos approached Renato armed with a .22 caliber firearm. Renato, alarmed, fled but was shot by Melvin, resulting in fatal injuries. Renato died at the scene, while Maxwell Rubillos, Melvin's brother, was nearby but not directly involved in the altercation. An information for murder was subsequently filed against both brothers, with Melvin ultimately convicted and sentenced to reclusion perpetua, while Maxwell was acquitted due to reasonable doubt.

Issues Raised on Appeal

Melvin Rubillos appealed the trial court's decision, arguing three main points:

  1. The trial court erred in identifying him as the aggressor.
  2. The court disregarded evidence that aligned with human experience.
  3. The court incorrectly concluded that he did not act in self-defense when he fatally shot Renato Jubiar.

Appellant's Defense

The appellant's defense rested on the assertion of lawful self-defense. Melvin testified that earlier that evening, he and Maxwell encountered Renato, who verbally provoked him. After playing chess at their aunt's house, Melvin claimed Renato physically attacked him first, leading to a struggle over a firearm. He maintained that he shot Renato only when Renato threatened him with a knife after the scuffle.

Legal Standards for Self-Defense

To successfully claim self-defense, the accused must demonstrate:

  1. Unlawful aggression from the victim.
  2. Reasonableness of the means used to prevent or repel the aggression.
  3. Lack of provocation on the part of the accused.

Court's Analysis of Self-Defense

The appellate court found that Melvin failed to substantiate his claim of unlawful aggression by Renato. The evidence presented leaned towards establishing Melvin as the initial aggressor, especially given his use of a firearm against an unarmed victim. Furthermore, Melvin’s actions post-incident—throwing the firearm away instead of surrendering—were viewed as inconsistent with a legitimate self-defense claim.

Assessment of Premeditation

The appellate court assessed whether the crime of murder was attended by evident premeditation, ultimately concluding that there was insufficient evidence to support such a finding. While there was a time gap between the verbal confrontation and the shooting, Melvin’s actions did not demonstrate the necessary level of reflection and consideration indicative of premeditated intent.

Evaluation of Treachery

The court also evaluated the presence of treachery, which requires that the offender employs means which secure the commission of the crime without risk to themselves. The pr

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