This case has been cited 2 times or more.
|
2008-10-17 |
CHICO-NAZARIO, J. |
||||
| Truth is established not by the quantity of witnesses but by the quality of their testimonies.[31] The testimony only needs to establish sufficiently: (1) the identity of the buyer, seller, object and consideration; and (2) the delivery of the thing sold and the payment thereof. | |||||
|
2003-04-30 |
YNARES-SANTIAGO, J. |
||||
| We find that the trial court correctly appreciated the qualifying circumstance of abuse of superior strength. It appears that the deceased was armed with a gun and was able to fire at his attackers.[45] However, it is apparent that he failed to save his life despite being armed. Evidently, it was the superiority in number enjoyed by the appellants which allowed them to overpower the victim. Basically, Perez was overwhelmed by the combined and concerted attack of the appellants. This not the first time that abuse of superior strength was appreciated when the victim himself seemed to be sufficiently armed, and we deem it proper to appreciate this qualifying circumstance in the instant case.[46] Hence, the circumstance of abuse of superior strength qualified the killing to Murder. | |||||