Judge Gilbert Moises said accused Rey Nobela failed to prove that he acted in self-defense in stabbing Joel Arcayan, even if the latter was the one who challenged Nobela to a fight.
"The first element of self-defense which is unlawful aggression on the part of the victim was non-existent. Without unlawful aggression, there can be no self-defense," Judge Moises said.
The court also downgraded the original charge of murder to homicide because there was no qualifying circumstances such as treachery and evident premeditation.
The stabbing occurred early evening on February 26, 2004 when Arcayan approached Nobela and asked for his share of the proceeds of the steel bars sold.
A witness said that initially he first saw, while the two were talking, Arcayan allegedly "punched" Nobela's right foot. The witness said that, when he returned to the place, he saw Nobela stabbed Arcayan with a kitchen knife.
Renato Caballes, chief of tanods of barangay Busay, testified also in court that Nobela subsequently surrendered to him, with the kitchen knife used in the stabbing also surrendered to the police.
Judge Moises, in his ruling, said that by Nobela's own account, Arcayan was not yet able to pull his knife when Nobela made his move and stabbed the latter dead.
In that situation, Nobela's life was not yet exposed to real and imminent threat when he stabbed Arcayan, the judge said in rejecting the "self-defense" argument.
In downgrading the case to homicide, the court said there was no evidence to show that the killing was deliberately planned. There was no treachery either, because there was no proof that the victim was deprived of any chance to defend himself from the attack. - Joeberth M. Ocao/RAE