This case has been cited 3 times or more.
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2007-03-07 |
TINGA, J. |
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| Subject of this automatic review is the Decision[1] promulgated by the Court of Appeals in CA-G.R. CR-HC No. 01000. The appellate court had affirmed the Regional Trial Court's (RTC) judgment in Criminal Case No. 8620-2001-C finding appellant guilty of qualified rape but modified the RTC judgment in Criminal Case No. 8621-2001-C by finding appellant guilty of acts of lasciviousness only instead of rape. | |||||
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2005-09-30 |
TINGA, J. |
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| Next, petitioner contends that the killing of Paquito resulted from the lawful performance of his duty as police officer. However, such justifying circumstance may be invoked only after the defense successfully proves that the accused acted in the performance of a duty, and the injury or offense committed is the necessary consequence of the due performance or lawful exercise of such duty.[72] These two requisites are wanting in this case. The victim was not committing any offense at the time. Petitioner has not sufficiently proven that the victim had indeed fired at Regencia. Killing the victim under the circumstances of this case cannot in any wise be considered a valid performance of a lawful duty by a man who had sworn to maintain peace and order and to protect the lives of the people. As aptly held in People v. de la Cruz,[73] "Performance of duties does not include murder.... Murder is never justified, regardless of the victim." | |||||
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2002-01-29 |
QUISUMBING, J. |
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| After careful consideration of the evidence on record, we are convinced that unlawful aggression on the part of the victim has not been shown. Appellant failed to overcome the evidence of the prosecution that appellant stabbed the victim, Ricky Aguilar, from behind without any provocation at all. His claim that he had a frontal encounter with the victim was belied by witnesses Aniñon and Ybasan, who testified that they saw appellant suddenly stab the victim from behind, with the knife penetrating from the back to the victim's front chest, on the right side. We note that although Ricardo Imbo, a bystander at the scene of the crime, tried to corroborate Alba's story, the trial court was unimpressed. Instead, the court gave credence to the testimony of prosecution witnesses Aniñon and Ybasan. The assessment of the trial court is generally received with great respect and is conclusive on appeal, barring any showing of any arbitrariness or oversight of material facts that could change the result. For it is the trial judge who directly observed the witnesses on the stand and could detect from their conduct "the furtive lie that will expose the hidden truth."[17] | |||||