This case has been cited 3 times or more.
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2010-04-07 |
VILLARAMA, JR., J. |
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| Furthermore, the reliability of Pabalan's memory should not be doubted by the mere fact that identification of the appellants at the police line-up happened several days after the incident. It is known that the most natural reaction of a witness to a crime is to strive to look at the appearance of the perpetrator and to observe the manner in which the offense is perpetrated. [16] Most often the face of the assailant and body movements thereof, create a lasting impression which cannot be easily erased from a witness's memory. [17] Experience dictates that precisely because of the unusual acts of violence committed right before their eyes, eyewitnesses can remember with a high degree of reliability the identity of criminals at any given time. [18] | |||||
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2000-08-31 |
YNARES-SANTIAGO, J. |
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| predictable.[9] Hence, accused-appellants' contention, that the credibility of the eyewitness, Angelina Verona, is suspect because she did not scamper away in fear at the sight of the gruesome crime, is untenable. We likewise agree with the trial court that the qualifying aggravating circumstance of abuse of superior strength attended the killing. There is abuse of superior strength when the offenders took advantage of their combined strength in order to consummate the | |||||
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2000-06-08 |
QUISUMBING, J. |
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| The unexplained possession of stolen articles gives rise to a presumption of theft, unless it is proved that the owner of the articles was deprived of possession by violence or intimidation, in which case, the presumption becomes one of robbery.[26] In robbery with homicide cases, the prosecution need only prove these elements: (a) the taking of personal property is perpetrated by means of violence or intimidation against a person; (b) the property taken belongs to another; (c) the taking is characterized by intent to gain or animus lucrandi, and (d) on the occasion of the robbery or by reason thereof, the crime of homicide, here used in its generic sense, is committed.[27] The homicide may precede the robbery or may occur after the robbery. What is essential is that there is an intimate connection between robbery and the killing whether the latter be prior or subsequent to the former or whether both crimes be committed at the same time.[28] | |||||