This case has been cited 3 times or more.
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2009-03-31 |
LEONARDO-DE CASTRO, J. |
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| By Ramon's own account, after he was shot, he hit the victim at the back of the latter's head and he continued hitting the victim who retreated backward. From that moment, the inceptive unlawful aggression on the part of the victim ceased to exist and the continuation of the offensive stance of Ramon put him in the place of an aggressor. There was clearly no longer any danger, but still Ramon went beyond the call of self-preservation. In People v. Cajurao,[18] we held:...The settled rule in jurisprudence is that when unlawful aggression ceases, the defender no longer has the right to kill or even wound the former aggressor. Retaliation is not a justifying circumstance. Upon the cessation of the unlawful aggression and the danger or risk to life and limb, the necessity for the person invoking self-defense to attack his adversary ceases. If he persists in attacking his adversary, he can no longer invoke the justifying circumstance of self-defense. Self-defense does not justify the unnecessary killing of an aggressor who is retreating from the fray. (Emphasis supplied) | |||||
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2007-09-03 |
GARCIA, J. |
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| The Court joins the trial court's assessment of the credibility and candor of Edgar's testimony. The legal aphorism is that factual findings of the trial court, its calibration of the testimonies of the witnesses and its assessment of their probative weight are given high respect if not conclusive effect, unless it ignored, misconstrued, misunderstood or misinterpreted cogent facts and circumstances of substance, which, if considered, will alter the outcome of the case.[23] We find none in this case. The trial court is in the best position to ascertain and measure the sincerity and spontaneity of witnesses through its actual observation of the witnesses' manner of testifying, demeanor and behavior while in the witness box.[24] | |||||
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2006-03-06 |
CORONA, J. |
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| The legal aphorism is that the factual findings of the trial court, its evaluation of the testimonies of the witnesses and its assessment of their probative weight are given respect if not conclusive effect unless the trial court ignored, misconstrued, misunderstood or misinterpreted certain facts and circumstances of substance which, if considered, will alter the outcome of the case.[8] Here, we meticulously reviewed the records of the case and found no reason to deviate from the factual findings of the trial court. Moreover, the CA affirmed these findings on appeal. It is well-settled that the factual findings of the trial court, when adopted and confirmed by the Court of Appeals, are final and conclusive and may not be reviewed on appeal to us.[9] The Court is not a trier of facts hence, as a rule, we do not weigh anew the evidence already passed on by the trial court and affirmed by the Court of Appeals. | |||||