Facts: Court of First Instance (CFI) convicted Nilo De Jesus and Wilfredo Yalong of murder qualified by treachery and conspired in killing Feliciano de los Santos. Fernando de los Santos, son of the victim has testified for the prosecution. According to him, he was awakened by a shout of the small boy informing him that his father was engaged in a quarrel. He stated in his testimony that he saw Yalong aiming a gun at his father and when he shouted at him to run the latter had already fired before he could do so, afterwards de Jesus grabbed the gun and also shot his father which felled him and caused his death. Petitioners interposed self-defense. Yalong admitted to shot Feliciano twice after the victim almost stab him with a knife.
Issue: Whether the claim of self-defense be consider or conviction of conspiracy be sustained?
Held: Fernando's testimony that it was De Jesus who shot the victim was found to be fabricated. Based on the record, Yalong admitted the shooting, corroborated by De Jesus and another witness, Mrs. Anita Bernales' testimony. It was likewise found that Fernando was the one who had a previous quarrel with the deceased, thus the former was with motive to harm the latter. And if conspiracy existed, accused-appellants would not have to do it at the place where they can be seen conspicuously. The qualifying circumstance of treachery by the lower court cannot be sustained as Yalong's decision to shoot the deceased appeared to be sudden, brought about by the latter's unlawful aggression to stab the former by a dagger.Yalong is entitled to the benefit of the special mitigating circumstance of incomplete self-defense inasmuch as there was unlawful aggression on the part of the deceased without any provocation coming from Yalong, but it was not proven that the means employed by the latter was reasonably necessary.
De Jesus ACQUITTED; Yalong's conviction was MODIFIED to homicide
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