This case has been cited 3 times or more.
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2008-11-27 |
CHICO-NAZARIO, J. |
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| The Court cannot sustain petitioner's averment that his counsel was grossly negligent in deciding against the presentation of the Affidavit of 7 February 2007 during the proceedings before the COMELEC. Mistakes of attorneys as to the competency of a witness; the sufficiency, relevancy or irrelevancy of certain evidence; the proper defense or the burden of proof, failure to introduce evidence, to summon witnesses and to argue the case -- unless they prejudice the client and prevent him from properly presenting his case -- do not constitute gross incompetence or negligence, such that clients may no longer be bound by the acts of their counsel.[33] | |||||
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2008-08-29 |
NACHURA, J. |
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| On the first issue, petitioner invokes self-defense. Thus, it was incumbent upon him to prove by clear and convincing evidence that he indeed acted in defense of himself. For in invoking self-defense, the accused admits killing or seriously wounding the victim and accordingly, has the burden of justifying his act. The requisites of self-defense are: (1) unlawful aggression; (2) reasonable necessity of the means employed to repel or prevent it; and (3) lack of sufficient provocation on the part of the person defending himself.[27] | |||||
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2007-07-12 |
AUSTRIA-MARTINEZ, J. |
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| Undoubtedly, the aggravating circumstance of treachery attended the commission of the crime. In Andrada v. People,[27] the Court held that there is treachery where the attack is so sudden and unexpected that the victim had no opportunity either to avert the attack or to defend himself. Verily, nothing can be more sudden and unexpected as when a husband starts stabbing his wife while she is asleep, and then repeatedly stabbing her when she has awakened, as what happened in this case. Therefore, in accordance with Article 63 of the Revised Penal Code, the CA, when it rendered its Decision on August 16, 2005, correctly held that appellant should be sentenced to death. | |||||