This case has been cited 2 times or more.
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2010-06-29 |
ABAD, J. |
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| The prosecution has the burden of proving the guilt of the accused beyond reasonable doubt.[5] The overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt.[6] Here, the prosecution amply proved that Reynaldo stabbed Jill but utterly failed to show the involvement of the others in the offense. | |||||
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2003-03-28 |
AUSTRIA-MARTINEZ, J. |
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| In People vs. Magaro,[20] we held that:The circumstance that an attack was sudden and unexpected to the person assaulted did not constitute the element of alevosia necessary to raise homicide to murder, where it did not appear that the aggressor consciously adopted such mode of attack to facilitate the perpetration of the killing without risk to himself. Treachery cannot be appreciated if the accused did not make any preparation to kill the deceased in such manner as to insure the commission of the killing or to make it impossible or difficult for the person attacked to retaliate or defend himself. | |||||