People VS Antonio G.R. No. 128900.

July 14, 2000

Facts:
Antonio has been found guilty beyond reasonable doubt by the RTC for the crime of
Murder qualified by treachery
Antonio and Tuadles! the "ictim! met at the #nternational $usiness Club to play po%er
and pusoy dos They played until morning &uring the time 'hen they had to tally their scores
and collect 'innings! an argument arose bet'een the t'o The prosecution presented that
Antonio! 'ithout 'arning pulled a gun from his behind and shot Tuadles at a "ery close range
(n the other hand! the defense said that the argument arose from Tuadles) refusal to pay
&uring the heated argument! Tuadles suddenly grabbed the gun from the table and the t'o
grappled for the possession of trigger Tuadles 'as shot and 'as lying on the floor
#ssue:
&id Antonio %illed Tuadles on self*defense+
,eld:
-o the appellant)s "ersion claims that he acted on self*defence! ho'e"er he 'as not able
to pro"e that there 'as an unla'ful aggression on the part of Tuadles Failing there! he then
claims that he shot him but due to an accident Again! he admitted that he shoot the "ictim and
failed to pro"e that he 'as in the process of performing a la'ful act
.hen an accused in"o%es self*defense or claims that it 'as an accident to escaoe
criminal liability! he admits ha"ing caused the death of the "ictim And 'hen he fails to pro"e by
clear and con"incing e"idence the positi"eness of that /ustifying circumstance! ha"ing admitted
the %illing! con"iction of the accused is inescapable