This case has been cited 6 times or more.
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2002-08-06 |
QUISUMBING, J. |
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| the essential integrity of the prosecution's evidence as a whole.[14] The testimony of a single witness, if positive and credible, is sufficient to sustain a conviction for murder.[15] Such is the testimony given by Linda Benitez. Her testimony was express, direct, and explicit. Hence, it is worthy of belief. Likewise, appellant's defense of alibi cannot prevail over the positive and unequivocal identification of appellant made by Linda in court.[16] Positive identification, where categorical and consistent and without any showing of ill-motive on the part of | |||||
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2000-07-24 |
PARDO, J. |
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| disregard Adelina's testimony on this basis will result in injustice. Hae nugae seria ducent in mala. Consideration of these trifles will lead to serious mischief.[29] For a discrepancy in testimony to acquit, such must refer to significant facts crucial to the guilt or innocence of accused-appellants. Inconsistencies irrelevant to the elements of the crime are not grounds to reverse the conviction.[30] True, Adelina waited six (6) months before she reported the crime to the police. However, this will not discredit her. It is not uncommon for a girl of tender age to be intimidated into silence by the mildest threat on her life.[31] | |||||
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2000-05-30 |
PARDO, J. |
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| A qualifying circumstance must be alleged in the information.[36] Otherwise, it may be considered as a generic aggravating circumstance if proven during the trial that such circumstance attended the commission of the crime. In this case, the information did not allege abuse of superior strength as a qualifying circumstance. Thus, although proven during the trial, such circumstance may be treated only as an ordinary aggravating circumstance, not one to qualify the crime. However, the aggravating circumstance of abuse of superior strength is deemed absorbed in treachery.[37] | |||||
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2000-02-28 |
YNARES-SANTIAGO, J. |
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| Treachery, likewise, attended the killing of the two (2) victims. There is treachery when the offender commits the crime employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from any defense which the offended party might make.[85] For treachery to be appreciated, it must be shown that: 1.] the means of execution employed gave the person attacked no opportunity to defend himself or retaliate; and 2.] the means of execution was deliberately or consciously adopted.[86] | |||||
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2000-02-15 |
QUISUMBING, J. |
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| Pursuant to the doctrine that an appeal in a criminal case opens the whole case for review (including penalty, indemnity and damages),[22] we shall now consider whether appellants were correctly found guilty of murder beyond reasonable doubt. | |||||
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2000-01-31 |
PARDO, J. |
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| Furthermore, the defense of alibi cannot prevail over the positive and unequivocal identification of accused-appellant by prosecution eyewitness Gina Zacarias. "Positive identification, where categorical and consistent and without any showing of ill-motive on the part of the eyewitnesses testifying on the matter, prevails over alibi and denial which, if not substantiated by clear and convincing proof, are negative and self-serving evidence undeserving of weight in law."[26] | |||||