8/16/2019 People of the Philippines, Appellee, Vs. Marcelo
Aleta, Ferdinand Aleta, Rogelio Aleta, Marlo Aleta, Jovito Aleta,
Appellants.
1/2
PEOPLE OF THE PHILIPPINES, Appellee, vs. MARCELO ALETA,
FERDINANDALETA, ROGELIO ALETA, MARLO ALETA, JOVITO ALETA,
Appellants.
G.R. No. 1!"# Ap$%l 1&, '""!
Se(on) D%v%s%on, CARPIO*MORALES, J.
Fa(ts+
Appellants Marcelo Aleta, and his sons Ferdinand Aleta, Rogelio
Aleta, Marlo Aletaand Jovito Aleta were accused to have killed and
Fernando Acob (son of Marcelo’ssister Marina Acob) and Celestino
uldulao (Acob’s father!in!law)"
#hese are the facts that the prosecution presented$ %n
Ma& '', *, in +aranga&agsurot, +urgos, -locos orte, there
was a co..otion at the &ard of appellants"/hen Marina’s .other
went ho.e, she told about the co..otion" Against his.other’s pleas,
Acob went to the appellants’ co.pound" Marina followed and
uponreaching appellants’ co.pound0 later, she saw her nephew
appellant Rogeliostriking her son Acob twice at the left cheek and
at the back of his head with a piece
of wood, causing Acob to fall on the ground" 1he thereafter saw
Rogelio strikingAcob’s father!in!law uldulao twice on the face
drawing his e&es to pop up, andagain on the head causing hi. to
fall on the ground" Rogelio’s brothers!co!appellants Jovito, Marlo
and Ferdinand and their father Marcelo at once beganclubbing Acob
and uldulao with pieces of wood, .ainl& on the face and head,
aswell as on di2erent parts of their bodies" #he in3uries .ade were
a4r.ed b& r"Arturo 5" 6labore, a .edico!legal o4cer of the
ational +ureau of -nvestigation!Regional %4ce, 1an Fernando, 6a
7nion who supervised the e8hu.ation andautops& of the bodies of
Acob and uldulao on June 9, *" #he doctor said thatthe two victi.s
su2ered .ultiple abrasions, lacerations, open wounds, contusionsand
fractures on their face, head, scalp, ar.s, legs and thighs"
:owever on the defense’s side, the& allege on self!defense
and defense of a relativeon the ground that$ At around 9$;; in the
afternoon, while Ferdinand and Marlo wereresting at their co.pound,
Acob arrived, uttering
8/16/2019 People of the Philippines, Appellee, Vs. Marcelo
Aleta, Ferdinand Aleta, Rogelio Aleta, Marlo Aleta, Jovito Aleta,
Appellants.
2/2
o" efense of a relative re?uires the following essential
ele.ents$ (a) unlawfulaggression on the part of the victi.0 (b)
reasonable necessit& of the .eanse.plo&ed b& the
accused to prevent or repel the unlawful aggression of the
victi.0and (c) in case of provocation given b& the person being
attacked, the one evadingthe attack, defense had no part therein"
Assu.ing that Acob was indeed theaggressor, the aggression ceased
the .o.ent he was disar.ed and alread& l&ing
on the ground after being struck b& Marlo" 1till, the latter
continued to club Acobwhile in a prone position, and struck uldulao
after he had fallen, self!defense anddefense of relative no longer
avail" Moreover, Marina’s positive identi@cation of allappellants
as the assailants and her accounts of what transpired during
theincidents, which were corroborated on all .aterial points b&
prosecution witnesses6oreta uldulao (6oreta) and /illie uldulao
(/illie), as well as the @ndings of the.edico!legal o4cer,
carr& greater weight than appellants’ clai.s of
self!defense,defense of relative and alibi of Marcelo, Jovito and
Rogelio" #hus the appeal thereonis denied"
