This case has been cited 2 times or more.
|
2015-07-15 |
SERENO, C.J. |
||||
| After a careful review of the records, we see no reason to reverse or modify the factual findings of the RTC, less so in the present case in which its findings were affirmed by the CA. Indeed, the trial court’s assessment of the credibility of witnesses deserves great respect, since it had the important opportunity to observe firsthand the expression and demeanor of the witnesses during the trial.[20] | |||||
|
2007-11-28 |
CHICO-NAZARIO, J. |
||||
| First of all, the theory presented by the prosecution in both the Information and in their arguments before the courts is not Castor's being a principal by inducement, but rather his being a co-conspirator. If conspiracy is proven, the act of one is the act of all. As stated above, the widow, Josephine Refugio, and the neighbors -- Eusebio Farrales and Vilma Juadinez Rodriguez -- testified to the fact that Castor handed the gun to Neil and urged the latter to fire at the Refugio spouses. The trial court, whose assessment of the credibility of witnesses deserves great respect, since it had the important opportunity to observe first-hand the expression and demeanor of the witnesses at the trial,[20] found these witnesses credible, thus:From its careful and thorough evaluation of the record, the Court finds that Castor and Neil conspired in shooting Eugenio. This finding is inexorable because the testimonies of the Prosecution witnesses that Castor returned the gun back to Neil; that he instigated Neil to shoot by shouting: "Sige, banatan mo na"; and that Neil then fired his gun twice were credible and sufficed to prove Castor's indispensable cooperation in the killing of Eugenio. Accordingly, Castor was as much liable criminally for the death of Eugenio as Neil, the direct participant in the killing, was. | |||||