PEOPLE OF THE PHILIPPINES, plaintiff-appellee -versus- ARSENIO ENDAYA,

JR. y PEREZ, accused-appellant. GR No. 225745, THIRD DIVISION, February

28, 2018, MARTIRES, J. It is elementary that unlawful aggression on the
part of the victim is the primordial consideration in self-defense.
Absent this element, there could be no self-defense, whether complete or
incomplete. For unlawful aggression to be appreciated, there must be an
actual, sudden, and unexpected attack or imminent danger, not merely a
threatening or intimidating attitude. In this case, the fact that the
victims suffered multiple stab wounds which caused their death negates
Arsenio’s claim of self-defense. If at all, these stab wounds
demonstrate a criminal mind to end the life of the victims. FACTS:
Arsenio Endaya, Jr. was charged with parricide committed against his
wife Jocelyn Quita-Endaya and with murder committed against his mother-
in-law, Marietta Bukal-Quita. DEAN’S CIRCLE 2019 – UST FCL 15 Witness
Jennifer de Torres narrated that while watching television, he heard
Jocelyn, his mother, shouting for help from their house. He immediately
rushed to Jocelyn’s aid and he saw Arsenio stabbing her twice with a
bladed weapon. After arming himself with a bolo, Jennifer ran out of
their house and again saw Arsenio stab Mariette a once. When Arsenio saw
Jennifer, the former fled. The two victims were pronounced dead on
arrival. Arsenio admitted the killing but he invoked self-defense. He
alleged that he had an argument with Jocelyn where Jennifer suddenly
arrived and hacked him several times on different parts of his body. To
defend himself, Arsenio got hold of a knife and tried to stab Jennifer
more than once. But because it was dark that time, he mistakenly stabbed
Jocelyn instead. He tried to leave the premises, but Marietta blocked
his way. Again, he mistakenly stabbed Marietta instead of Jennifer
because according to him, his eyes were oozing with blood. ISSUE:
Whether or not the justifying circumstance of self-defense may be
appreciated in favor of Arsenio. (NO) RULING: It is elementary that
unlawful aggression on the part of the victim is the primordial
consideration in self-defense. Absent this element, there could be no
self-defense, whether complete or incomplete. For unlawful aggression to
be appreciated, there must be an actual, sudden, and unexpected attack
or imminent danger, not merely a threatening or intimidating attitude.
In this case, the fact that the victims suffered multiple stab wounds
which caused their death negates Arsenio’s claim of selfdefense. If at
all, these stab wounds demonstrate a criminal mind to end the life of
the victims. Contrary to his claims, his minor injuries suggest that
they may have been inflicted by Jocelyn and Marietta who resisted the
attacks of their ruthless assailant. Thus, his claim that he was hacked
by Jennifer several times is unmeritorious considering the absence of
wounds on several parts of his body matching his allegation. Assuming
arguendo that there was unlawful aggression on the part of De Torres
and/or any of the two victims, he failed to sufficiently explain how the
victims ended up with four stab wounds each, nor to establish that the
means employed by him to repel the alleged unlawful aggression was
reasonable and necessary.