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FACTS
Alfredo Dulin (DULIN, herein accused) caused the death of Francisco Bantulan
(BANTULAN).
The following facts are summated from testimonies from both sides (accuseds italicized,
witnesses bold).
BANTULAN, out of nowhere, stabbed DULIN.
DULIN ran to upper level of relatives house.
BANTULAN pursued and stabbed DULIN again several times; both then grappled for weapon.
DULIN wrested weapon off of BANTULAN.
DULIN stabbed BANTULAN several times even though BANTULAN was already prostrate
face down with DULIN on top of BANTULAN as if kneeling on him.
DULIN noted to have, in two occasions prior to incident, vowed to kill BANTULAN.
LEGAL ANTECEDENTS
BANTULAN wife filed criminal case for murder qualified with treachery against DULIN.
RTC: (a) Murder qualified with treachery, (b) with privileged mitigating circumstance of
incomplete self-defense and no aggravating circumstances.
DULIN appealed to CA: guilty only of homicide in light of RTC appreciating presence of
incomplete self-defense and absence of aggravating circumstance.
CA: AFFIRMED RTC Ruling (no change in crime, modifications only pertained to civil, and
not criminal liability)
ISSUE
Whether or not Dulin can claim incomplete self-defense with the absence of unlawful
aggression
HELD
NO. Where DULIN himself admits that he successfully wrested the weapon off of
BANTULAN, the unlawful aggression (although allegedly initiated by BANTULAN) already
ceased to exist. Unlawful aggression is the condition sine qua non of self-defense (whether as
justifying or mitigating circumstances). DULIN is afforded neither complete nor incomplete self-
defense.