This case has been cited 4 times or more.
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2009-09-11 |
PERALTA, J. |
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| On November 15, 2000, the First Division accepted the consolidation of the criminal cases against petitioner and scheduled her arraignment on November 17, 2000, for Criminal Case No. 25898. On said date, petitioner manifested that she is not prepared to accept the propriety of the accusation since it refers to the same subject matter as that covered in Criminal Case No. 25867 for which the Sandiganbayan gave her time to file a motion to quash. On November 22, 2000, petitioner filed a Motion to Quash the Information[26] in Criminal Case No. 25898, by invoking her right against double jeopardy. However, her motion was denied in open court. She then filed a motion for reconsideration. | |||||
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2009-09-11 |
PERALTA, J. |
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| CONTRARY TO LAW.[18] | |||||
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2009-09-11 |
PERALTA, J. |
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| For purposes however of determining the rank equivalence of said positions, notwithstanding that they do not have any salary grade assignment, the same may be equated to Board Member II, SG-28.[36] | |||||
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2007-02-06 |
TINGA, J. |
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| The barefaced fact that the victim might have been unaware or helpless when he was stabbed does not constitute proof of treachery.[45] The prosecution has the burden to prove that at the time of the attack, the victim was not in a position to defend himself, and that the offender consciously and deliberately adopted the particular means, method and forms of attack employed by him.[46] When the prosecution fails to prove treachery, as in this case, the accused may be held liable only for homicide not murder.[47] | |||||