This case has been cited 2 times or more.
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2015-06-22 |
PERALTA, J. |
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| The trial court specifically ascribed credibility on the said testimony of AAA which the Court of Appeals has affirmed. Under such circumstances, this Court has little option but to accord said findings with great respect, if not finality. The findings of fact of the trial court, as regards the credibility of a witness, when affirmed by the Court of Appeals and supported by the evidence on record are accorded finality.[19] | |||||
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2003-03-18 |
SANDOVAL-GUTIERREZ, J. |
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| Assuming that Hubines had a gun and pulled it, however, records show that he did not manifest any aggressive act which may have imperiled the life and limb of herein appellant. It is axiomatic that the mere thrusting of one's hand into his pocket as if for the purpose of drawing a weapon is not unlawful aggression.[9] Even the cocking of a rifle without aiming the firearm at any particular target is not sufficient to conclude that one's life was in imminent danger.[10] Hence, a threat, even if made with a weapon, or the belief that a person was about to be attacked, is not sufficient. It is necessary that the intent be ostensibly revealed by an act of aggression or by some external acts showing the commencement of actual and material unlawful aggression.[11] | |||||