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    Digest People of The Philippines v. Bonifacio Badriago

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    G Carlo Tapalla
    A man named Adrian Quinto was delivering a letter with his brother Oliver when they had an encounter with the respondent that resulted in Adrian being hacked with a bolo twice and Oliver being killed. The respondent claimed self-defense but the court did not find evidence to support claims of voluntary surrender, incomplete self-defense, or lack of intention to commit such a serious crime based on the nature of the victims' injuries.

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    Digest People of The Philippines v. Bonifacio Badriago

    Uploaded by

    G Carlo Tapalla
    513 views2 pages
    A man named Adrian Quinto was delivering a letter with his brother Oliver when they had an encounter with the respondent that resulted in Adrian being hacked with a bolo twice and Oliver being killed. The respondent claimed self-defense but the court did not find evidence to support claims of voluntary surrender, incomplete self-defense, or lack of intention to commit such a serious crime based on the nature of the victims' injuries.

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    Diges of Phil v. Badriago

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    Digest People of the Philippines v. Bonifacio Badriago

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    A man named Adrian Quinto was delivering a letter with his brother Oliver when they had an encounter with the respondent that resulted in Adrian being hacked with a bolo twice and Oliver being killed. The respondent claimed self-defense but the court did not find evidence to support claims of voluntary surrender, incomplete self-defense, or lack of intention to commit such a serious crime based on the nature of the victims' injuries.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    513 views2 pages

    Digest People of The Philippines v. Bonifacio Badriago

    Uploaded by

    G Carlo Tapalla
    A man named Adrian Quinto was delivering a letter with his brother Oliver when they had an encounter with the respondent that resulted in Adrian being hacked with a bolo twice and Oliver being killed. The respondent claimed self-defense but the court did not find evidence to support claims of voluntary surrender, incomplete self-defense, or lack of intention to commit such a serious crime based on the nature of the victims' injuries.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    PEOPLE OF THE PHILIPPINES v. BONIFACIO BADRIAGO G.R. No.

    183566 May 8, 2009 Facts: Adrian Quinto, together with Oliver Quinto (deceased), was delivering a letter. On their way home, they had an encounter with the respondent, which resulted to a sudden hacking of the respondent to Adrian with a Sundang (or long Bolo, shit!!!!! Bolo pa rin? Anong petsa na po sir?). Adrian, after being hacked with a bolo twice, managed to push Oliver out of the pedicab to call for help and was able to run before he lost consciousness. When he woke in the hospital, he found out that Oliver was dead. Respondent claimed that he tried to get away with the Quintos but the latter chased him and insisted a fight. He claimed that Adrian bumped his pedicab that caused the respondent to swerve to the middle of the road. When respondent looked back, he saw Adrian approaching him with a knife that made the former to grab a Sundang from his pedicab. The respondent hacked Adrians hand causing the latter o drop his weapon. Respondent had no injuries and denied the killing of Oliver. When Adiran was about to pick up the knife, respondent hacked him again. Respondent challenged CA that mitigating circumstances of voluntary surrender, incomplete self-defense, and lack of intention to commit so grave a wrong were not appreciated. Issue: WON CA erred in NOT APPRECIATING THE following
    MITIGATING CIRCUMSTANCES OF: 1. VOLUNTARY SURRENDER, 2. INCOMPLETE SELF-DEFENSE, AND 3. LACK OF INTENTION TO COMMIT SO GRAVE A WRONG?

    Held: 1. No. For the mitigating circumstance of voluntary surrender to be appreciated, the surrender must be spontaneous and in a manner that shows that the accused made an unconditional surrender to the authorities, either based on recognition of guilt or from the desire to save the authorities from the trouble and expenses that would be involved in the accuseds search and capture. Moreover, it is imperative that the accused was not actually arrested, the surrender is before a person in authority or an agent of a person in authority, and the surrender was voluntary. Respondents own admission was he only went to the authorities to inform them that Adrian was injured and claimed he had nothing to do with the murder of Oliver.

    2. No. In incomplete self-defense, the indispensable requisite is unlawful aggression. Respondents self-serving claim of selfdefense coupled with the fact that he did not sustain any injuries from his supposed attacker, Adrian, fails to support any claim of unlawful aggression, the crucial requisite to his defense. As the appellate court noted, there was no clear, credible, and convincing evidence that Adrian was the one who instigated the fight and that accused-appellant was merely fending off an attack. 3. No. This mitigating circumstance addresses itself to the intention of the offender at the particular moment when the offender executes or commits the criminal act. Looking at the victims wounds, however, we cannot count the circumstance in respondents favor. Adrian suffered a hacking wound on his left forearm that caused near amputation, and another one on his lumbar area. These wounds would have been fatal were it not for timely medical assistance.

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