- Petitioner
- Jose Marcon Encio Desalisa
- Respondent
- People
- Citation
- G.R. No. 234881
- Court
- Supreme Court
- Division
- Second Division
- Decided
- January 22, 2018
Summary
Jose Marcon Encio Desalisa was convicted of the complex crime of Attempted Homicide with Serious Physical Injuries after shooting a victim. The Supreme Court denied his petition and affirmed the Court of Appeals' decision, rejecting his defenses of self-defense and performance of official duty. The Court found that unlawful aggression had ceased when petitioner fired the shot, negating self-defense, and that the injury caused was not a necessary consequence of official duty. Eyewitness testimonies proved decisive in establishing petitioner's guilt. He was sentenced to imprisonment and ordered to pay various damages totaling over P1 million. The case demonstrates the strict requirements for justifying circumstances in criminal law and the weight given to credible eyewitness testimony over uncorroborated denials.