NOVICIO V. PEOPLE (CRIMINAL LAW)

On the first issue, Novicio invokes self-defense. Thus, it was incumbent upon his to prove by clear and convincing evidence that he indeed acted in defense of himself. for in invoking self-defense, the accused admits killing or seriously wounding the victim and accordingly, has the burden of justifying his act.

The requisites of SELF-DEFENSE are:

1. unlawful aggression;
2. reasonable necessity of the means employed to repel or prevent it; and
3. lack of sufficient provocation on the part of the person defending himself.

We have reviewed the records of the RTC and the CA and we find no justification to deviate from the findings and is conclusion that Novicio has not adequately discharged his burden of proving the elements of self-defense.

On the second issue, it is Novicio's postulation that the lone gunshot wound of victim does not establish intent to kill. However, the number of wounds inflicted is not the sole consideration in proving intent to kill.

An essential element of murder and homicide, whether in their consummated, frustrated, or attempted stage, is the INTENT TO KILL the victim of the offenders immediately before or simultaneous with the infliction of injuries. Intent to kill is a specific intent which the prosecution must prove by direct or circumstantial evidence, while general criminal intent is presumed from the commission of a felony by dolo.

In Adame v. CA, a single gunshot wound was inflicted on the victim but this Court convicted the accused therein of crustrated homicide. It is worth stressing that Novicio used a gun in this case and if not for victim's act of shoving the table at him, Novicio could have fired a second shot.

Further, the nature and location of the wound should also be considered. By positive testimony of the doctor, the wound sustained by victim could cause death if left untreated. This Court has repeatedly held that if the victim's wound would normally cause death, then the last act necessary to produce homicide would have been performed and the death would have resulted were it not for the timely medical attention given to the victim.

Conviction, affirmed.