This case has been cited 4 times or more.
|
2003-04-09 |
BELLOSILLO, J. |
||||
| Having admitted the killing of the victim, petitioner has the burden of proving these elements by clear and convincing evidence. He must rely on the strength of his own evidence and not on the weakness of that of the prosecution, for even if the prosecution evidence is weak it cannot be disbelieved if the accused has admitted the killing.[14] | |||||
|
2001-01-16 |
MENDOZA, J. |
||||
| In this case, with regard to the question of actual damages, only the testimony of Socorro Sarabosing, the victim's sister, was presented to prove the amount of the same. Such testimony is insufficient to support the claim for actual damages.[52] Actual damages must be substantiated by documentary evidence, such as receipts, in order to prove burial expenses and loss of income incurred as a result of the death of the victim.[53] Consequently, the award of actual damages must be disallowed. | |||||
|
2001-01-16 |
MENDOZA, J. |
||||
| We think the trial court correctly rejected accused-appellants' version. For the justifying circumstance of defense of relative to be credited in favor of an accused, the following requisites must be proven: (1) unlawful aggression; (2) reasonable necessity of the means employed to repel it; and (3) in case the provocation was given by the person attacked, the one making the defense had no part therein.[53] The burden is on the accused to prove these elements of self-defense or defense of relative.[54] | |||||
|
2000-05-04 |
PARDO, J. |
||||
| Regarding the aggravating circumstance of treachery, clear and convincing evidence must be given to show that the following elements existed: (a) the accused employed means of execution that gives the person attacked no opportunity to defend himself or retaliate; and (b) that the means of execution were deliberately or consciously adopted.[18] | |||||