This case has been cited 2 times or more.
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2004-03-15 |
CALLEJO, SR., J. |
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| the registration of the land subject of the donation in the name of Rosendo Florencio, which was, however, superseded by the untimely demise of Jose de Leon in 1991. Thus, the property remained in the name of Teresa Sevilla de Leon, even after Florencio's death in March of 1995.[10] On February 1, 1996, the heirs of De Leon, represented by Valeriana L. Morente, also filed a complaint for ejectment against the heirs of Bienvenido Santos before the MTC of San Miguel, Bulacan, docketed as Civil Case No. 2062.[11] They prayed, | |||||
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2000-10-10 |
BELLOSILLO, J. |
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| As regards cruelty, this circumstance may not be appreciated against accused-appellant. The fact that the victim sustained seven (7) hacking wounds does not conclusively demonstrate cruelty. The number of wounds does not per se give rise to cruelty. The test is whether the accused deliberately and sadistically augmented the wrong by causing another wrong not necessary for its commission, or inhumanely increased the victim's suffering, or outraged or scoffed at his person or corpse.[15] Neither could it be considered as the victim was still alive when accused-appellant stabbed her "viciously and brutally," as she "cried out for help to Liwayway Maramat who cannot help as the latter was afraid for her own life."[16] As pointed out by the Solicitor General, there was no clear and convincing proof that the injuries were inflicted while she was "still alive to prolong unnecessarily her physical suffering." Liwayway Maramat herself testified that she immediately ran after the first stabbing. Although she peeped from time to time she failed to show that accused-appellant deliberately made the victim agonize or delighted in making her suffer slowly. The records are bereft of any proof that accused-appellant continued to stab the victim when she was already dead. | |||||