This case has been cited 2 times or more.
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2007-06-08 |
TINGA, J. |
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| The culpability of appellants and their co-accused is undeniable. Lauro was consistently identified by the witnesses as the person responsible for shooting both victims. At the same time, the existence of conspiracy among the assailants is patent. Conspiracy has been deduced by the Court in a case where three malefactors jointly lifted, carried and dumped their victim in a deep well filled with water head first and threw rocks inside the well to cover him;[48] by the successive acts of three appellants in shooting, clubbing and piercing the eye of the victim;[49] where one appellant put his arms around the body of the victim while his co-appellant held the thighs of the victim and while they held him down, one poked and fired the gun at the back of the head of the victim;[50] when two accused chased their victim into his house, kicked open the door to enter and then shot him;[51] and when one malefactor hacked the victim and two others chased after the latter to finish up the aggression they had started.[52] | |||||
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2006-12-13 |
GARCIA, J. |
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| Accused avers that he was working at Villamor Air Base at the time of the crime, but failed to show that it was physically impossible for him to be at Baclaran. The Court takes judicial notice that the distance between Villamor Air Base and Baclaran is approximately three (3) kilometers and would take just about fifteen (15) minutes of travel time. With such a distance, it is not impossible for the accused to be present at the scene of the crime at the time of its commission especially with the availability of motorized transport. When there is the least chance for the accused to be present at the locus criminis, the defense of alibi will not hold water. More importantly, alibi cannot prevail over the positive identification of the accused as the perpetrator of the crime.[21] Here, XXX clearly and positively identified appellant as the very man who raped her on that fateful day of August 4, 1998 inside a room at Wise Hotel in Pasay City. | |||||