This case has been cited 2 times or more.
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2002-09-25 |
VITUG, J. |
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| appreciated the mitigating circumstance of voluntary surrender but not the mitigating circumstance of passion and obfuscation. Passion and obfuscation cannot co-exist with treachery[14] which was established though not alleged. In the mitigating circumstance of passion and obfuscation, one loses his reason and self-control, largely precluding him from deliberately employing a particular method, means or form of attack in the execution of the crime.[15] It could not be present where the accused did not act due to uncontrollable burst of emotion provoked by prior or unjust acts or due to a legitimate stimulus that could overcome reason.[16] Homicide carries the penalty of reclusion temporal with a duration of 12 years and 1 day to 20 years. With the attendance of one mitigating circumstance, i.e., voluntary surrender, the penalty should be meted in its minimum period of anywhere from 12 years and 1 day | |||||
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2002-04-03 |
YNARES-SANTIAGO, J. |
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| THE COURT OF APPEALS COMMITTED GRAVE AND REVERSIBLE ERROR IN HOLDING THAT AN ACTION ON THE VALIDITY OF ORE TRANSPORT PERMIT (OTP) IS VESTED IN THE REGIONAL PANEL OF ARBITRATORS.[15] In a resolution dated September 11, 2000, the appealed Consolidated Mines cases, docketed as G.R. Nos. 132475 and 132528, were referred to the Court of Appeals for proper disposition pursuant to Rule 43 of the 1997 Rules of Civil Procedure.[16] These cases, which were docketed as CA-G.R. SP Nos. 61215 and 61216, are still pending before the Court of Appeals. | |||||