Case Digest: PEOPLE OF THE PHILIPPINES v. EUSEBIO DUBAN y DOMINGO @ “JUN” 412 SCRA 131 (2003)

PEOPLE OF THE PHILIPPINES v. EUSEBIO DUBAN y DOMINGO @ “JUN” 412 SCRA 131 (2003)

Persons who act in legitimate defense of their persons or rights invariably surrender themselves to the authorities and describe fully and in all candor all that has happened with a view to justify their acts. Appellant Eusebio Duban (Duban) admittedly hurled a stone, estimated to weigh one kilo, hitting Dinonisio Barboza (Barboza) at the right rear portion of his head and ear, causing him to fall on the ground unconscious. Barboza died hours later after he was brought to the Jose Reyes Memorial Medical Center. During trial, Duban interposed that the hurling of the stone that resulted to the death of Barboza was due to self-defense. The Regional Trial Court (RTC) brushed aside Duban‘s claim of self-defense and found him guilty of murder.

ISSUE:

Whether or not the Court erred in not giving credence to Duban‘s claim of self-defense.

HELD:

While Duban claimed during direct examination that he told his side of the incident when he was arrested two weeks later, the police progress report accomplished on his arrest shows that he, after being apprised of his constitutional rights and of the charge against him, ―opted to remain silent. Persons who act in legitimate defense of their persons or rights invariably surrender themselves to the authorities and describe fully and in all candor all that has happened with a view to justify their acts. But Duban did not. In fine, Duban‘s version of the incident and his actuations soon after do not speak of his innocence. The trial court did not err thus in not crediting Duban‘s claim of self-defense.