This case has been cited 3 times or more.
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2008-09-25 |
CHICO-NAZARIO, J. |
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| The appellant interposed the defense of alibi as a futile attempt to exonerate himself from the crime charged. Settled is the principle that alibi is one of the weakest defenses that can be resorted to by an accused, not only because it is inherently weak and unreliable, but also because it can be easily fabricated.[43] Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law.[44] For alibi to succeed as a defense, the accused must establish by clear and convincing evidence (a) his presence at another place at the time of the perpetration of the offense and (b) the physical impossibility of his presence at the scene of the crime.[45] | |||||
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2000-05-05 |
PANGANIBAN, J. |
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| Dwelling aggravates a felony when the crime was committed in the residence of the offended party and the latter has not given any provocation.[41] It is considered an aggravating circumstance primarily because of the sanctity of privacy that the law accords to human abode.[42] As one commentator puts it, one's dwelling place is a sanctuary worthy of respect; thus, one who slanders another in the latter's house is more severely punished than one who offends him elsewhere.[43] According to Cuello Calon, the commission of the crime in another's dwelling shows worse perversity and produces graver alarm.[44] | |||||
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2000-02-29 |
QUISUMBING, J. |
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| The trial court erred in appreciating nighttime as a generic aggravating circumstance. Nighttime only becomes an aggravating circumstance when (1) it is especially sought by the offender; (2) it is taken advantage of by him; or (3) it facilitates the commission of the crime by ensuring the offender's immunity from capture.[39] Here, other than the time of the crime, there is nothing else to suggest that appellant deliberately availed himself or took advantage of the circumstances of nighttime. Further, when the place of the crime is illuminated by light, as in this case, nighttime is not aggravating.[40] | |||||