PEOPLE V. ABAGON ET AL.

G.R. No. L-68940 May 9, 1988

161 SCRA 255
FACTS:
The victim, Celis Lupango, celebrated the birthday of a friend at Barangay
Pinamarubuhan, Mobo, Masbate. During the celebration, the accused, Mateo
Abagon and Abner Ongonion, entered the store where the celebration happened
and stabbed the victim.
Abagon claimed that he was not at the scene when the crime happened but two
eyewitnesses positively identified his participation.
In the testimony of Ogonion, he narrated that when he passed by, he was asked to
drink but refused. The drunk victim later started to attacked him and pulled out a
knife but such fell to the ground. They both grappled for possession. Ogonion,
during the grappling, succeeded in thrusting the knife to Celis left breast, then, at
the stomach. When he got full possession of the knife, he continued stabbing Celis
due to rage. During the cross examination, Ogonian stated that his older brother
(Julio) and Celis had a quarrel. His brother was stabbed in the thigh by Celis cousin.
He also admitted that he held a grudge against Celis when he was chased by the
later and merely escaped being stabbed when he ran away.

ISSUE:
(i)
(ii)

Whether or not Ogonian can claim for self-defense.

Whether or not both the accused are criminally liable for the committed
crime.

RULING:
(i)
No. Ogonian cannot claim for self-defense on the said matter. The nature
and number of stab wounds inflicted upon the victim opposes his claim.
The absence of wounds on the body of the accused and the victim eleven
wounds, while there was a supposed struggle that took place belies his
claim. The law requires rational equivalence, when a person is attacked
and one moves in obedience to self-preservation; the defense must be
proportionate with the imminent danger present to avoid injury. All
evidences presented showed no element of self-defense.
(ii)

Yes. Both the accused are criminally liable for the crime. The assailants
were both positively identified by eyewitnesses and their actions indicate
concerted efforts of ensuring the death of the victim and that conspiracy
happened between them.