Guillermo vs People

GR 153287
June 30, 2008
In re: Article 13, Par 1 and Article 69
Facts: Noel Guillermo, Arnaldo Socias, and Joemar Palma was charged for the
killing of Winnie Alon, of the 3, only Guillermo, was found guilty of Homicide
with the special or privileged mitigating circumstance of incomplete
justification, and sentenced to 6 years of prision correccional, as minimum,
to 10 years of prision mayor, as maximum, with indemnity of P50,000.
Appellant contends that self-defense should have been appreciated.
ISSUE: WON self-defense should be appreciated.
HELD: Yes. Self-defense must be appreciated as Alon was about to attack
Guillermo with a broken bottle when Guillermo realized he had a knife.
Guillermo had attacked Alon in self-defense, albeit the reasonable necessity
of the means employed to repel it was not found as he stabbed Alon 3 times.
There was also a disproportionate difference between an actual blade and a
broken beer bottle. All this would lead to an incomplete self-defense, which is
a mitigating circumstance only, and not a justifying one. His sentence is
modified accordingly.