This case has been cited 4 times or more.
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2013-10-09 |
SERENO, C.J. |
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| Evident premeditation further aggravates the crime of murder committed by appellants. "The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent, during the space of time sufficient to arrive at a calm judgment."[42] Evidence shows that Luague had a grudge against Porferia, and that their last confrontation occurred a day before the shooting. The involvement of appellants Dearo and Toledo was shown by the testimony of Jose Santiago that the two were with Luague three days before the shooting. Appellant Dearo then vowed to kill Emeterio. These uncontroverted pieces of evidence clearly showed the instances when appellants resolved to commit the felony. The space of time from the resolution to the actual execution allowed them to contemplate on the matter, or maybe even reconsider. That they did not reconsider is shown by the case before us now. | |||||
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2009-09-17 |
VELASCO JR., J. |
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| Thus, the categorical statements of the prosecution witnesses must prevail over the bare denials of the accused.[33] Denial, if unsubstantiated by clear and convincing evidence, is a negative and self-serving evidence which deserves no weight in law and cannot be given greater evidentiary value over the testimony of the credible witnesses who testify on affirmative matters.[34] | |||||
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2004-02-03 |
PER CURIAM |
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| Settled is the rule that the assessment of the credibility of witnesses is left largely to the trial court because of its opportunity, not available to the appellate court, to see the witnesses on the stand and determine by their demeanor whether they are testifying truthfully or lying through their teeth. Its evaluation of the credibility of witnesses is well-nigh conclusive on this Court, barring arbitrariness in arriving at his conclusions.[115] | |||||