This case has been cited 3 times or more.
|
2014-07-09 |
PEREZ, J. |
||||
| In any case, the positive identification of the appellant by witnesses destroys the defense of alibi. Alibi warrants the least credibility, or none at all and cannot prevail over the positive identification of the appellant by the prosecution witnesses. [17] Absent any ill motive on the part of witnesses, their positive identification of the appellant as the perpetrator of the crime prevails over the defense of denial or alibi.[18] | |||||
|
2013-01-23 |
PEREZ, J. |
||||
| To be convicted of murder, the following must be established: (1) a person was killed; (2) the accused killed him; (3) the killing was with the attendance of any of the qualifying circumstances under Article 248[14] of the Revised Penal Code; and (4) the killing neither constitutes parricide nor infanticide.[15] | |||||
|
2013-01-23 |
PEREZ, J. |
||||
| The civil indemnity in the amount of P50,000.00 awarded by the Court of Appeals is in order.[40] There is, however, a need to increase the award of exemplary damages from P25,000.00 to P30,000.00 to conform to existing jurisprudence.[41] In addition, the victim's heirs shall be entitled to moral damages even in the absence of proof that they suffered mentally and emotionally[42] considering that "[a] violent death invariably and necessarily brings about emotional pain and anguish on the part of the victim's family."[43] A 6% interest on all the monetary awards for damages to be reckoned from the date of finality of this decision until fully paid shall likewise be imposed.[44] | |||||