This case has been cited 3 times or more.
|
2008-12-18 |
CHICO-NAZARIO, J. |
||||
| Self-defense is inherently a weak defense because, as experience has demonstrated, it is easy to fabricate and difficult to prove.[35] Thus, for this defense to prosper, the accused must prove with clear and convincing evidence the elements of self-defense. He must rely on the strength of his own evidence and not on the weakness of that of the prosecution. Even if the evidence of the prosecution is weak, it cannot be disbelieved if the accused admitted responsibility for the crime charged.[36] In the case before us, petitioner failed to prove with plausible evidence all the elements of self-defense. Hence, his plea of self-defense must fail. | |||||
|
2008-06-27 |
AUSTRIA-MARTINEZ, J. |
||||
| Thus, the Court sees no cogent reason to depart from the findings of facts of the lower courts. The principal prosecution witness, Juinio, gave a consistent, categorical, straightforward, spontaneous and frank testimony, which made him a credible witness.[86] Portions of his testimony were also corroborated by other witnesses who were likewise spontaneous and straightforward in their narration. | |||||
|
2000-09-13 |
PARDO, J. |
||||
| The two conditions before treachery may be considered a qualifying circumstance are: (a) the employment of means, methods, or manner of execution to ensure the safety of the malefactor from defensive or retaliatory acts of the victim, and (b) the deliberate adoption by the offender of such means, methods, or manner of execution.[15] The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real chance to defend him and thereby ensuring its commission without risk to himself.[16] The trial court was thus correct in appreciating the attendance of the qualifying circumstance of treachery in the stabbing by accused of the unsuspecting and unarmed Ignacio Glorioso while he was talking to the tricycle driver. | |||||