This case has been cited 2 times or more.
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2000-11-28 |
BELLOSILLO, J. |
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| Accused-appellants deny the existence of treachery, nighttime and abuse of public position to aggravate the commission of the crimes. It is settled that qualifying circumstances cannot be presumed but must be established by clear and convincing evidence, as conclusively as the killing itself.[31] The defense alleges that there is no evidence that accused-appellants made some preparation to kill the victim in such a manner as to insure the execution of the crime or to make it impossible or hard for the person attacked to defend himself. For treachery to be considered, two (2) elements must concur: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate; and, (b) the means of execution were deliberately or consciously adopted.[32] In this case, treachery was not present. In a long line of cases, the Court held that "the essence of treachery is the swift and unexpected attack on an unarmed victim without the slightest provocation on his part."[33] | |||||
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2000-04-12 |
GONZAGA-REYES, J. |
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| BALLENAS assails the testimony of Florencio on the ground that it "abounds in inconsistencies"[23] and is not credible. The alleged inconsistencies are however not clearly established. Notably, Florencio unequivocally said that he saw LACANIETA, BALLENAS, SALVADOR and GAMAD rape and stab WILMA. We have no reason to doubt the credibility of Florencio in light of the doctrine that where there is no evidence to show any dubious reason or improper motive why a prosecution witness should testify falsely against the accused or implicate him in a serious offense, the testimony deserves full faith and credit.[24] The initial reluctance of Florencio to get involved in this case is understandable and does not cast doubt on his credibility as a witness. Whenever the issue boils down to credibility, we have always maintained that the credibility of witnesses and their testimonies is a matter best undertaken by the trial court, because of its unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct and attitude.[25] Findings of the trial court on such matters are binding and conclusive on the appellate court, unless some facts or circumstances of weight and substance have been overlooked, misapprehended or misinterpreted.[26] | |||||