This case has been cited 2 times or more.
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2003-11-04 |
TINGA, J. |
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| Nevertheless, such a lapse is not fatal to the validity of the decision. An appeal in a criminal proceeding throws the whole case open for review of all errors, by commission or by omission, as may be imputable to the trial court.[39] A painstaking scrutiny of the evidence in this case leads us to agree with the trial court that the accused-appellant is guilty of murder. | |||||
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2001-04-16 |
PARDO, J. |
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| The question is whether the crime committed by accused-appellant was murder or homicide. Accused-appellant insists that the trial court erred in convicting him of murder, in the absence of any qualifying circumstances. Indeed a look at the trial court decision reveals that the trial court judge failed to explain why the offense was qualified to murder. Although the information explicitly alleged that the crime was committed with treachery and evident premeditation, the trial court in its decision was silent about the presence or absence of these qualifying circumstances. The trial court failed to specifically discuss the qualifying circumstances or any other modifying circumstance in the body or in the dispositive portion of the decision. Such a decision does not conform to the requirement of the Rules of Court that a judgment of conviction shall "state the legal qualifications of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission thereof, if there are any."[21] Nevertheless, such lapse is not fatal to the validity of the decision.[22] An appeal in a criminal proceeding throws the whole case open for review and it becomes the duty of the appellate court to correct any error as may be found in the appealed judgment, whether it is made the subject of assignment of errors or not.[23] Thus, we can review the evidence on record to evaluate if there is sufficient basis for convicting accused-appellant of murder or of homicide. | |||||