This case has been cited 4 times or more.
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2013-09-18 |
DEL CASTILLO, J. |
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| We also affirm the grant of P50,000.00 as moral damages. This is "mandatory in cases of murder and homicide without need of allegation and proof other than the death of the victim."[51] | |||||
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2011-09-07 |
LEONARDO-DE CASTRO, J. |
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| Treachery exists when an offender commits any of the crimes against persons, employing means, methods or forms which tend directly or especially to ensure its execution, without risk to the offender, arising from the defense that the offended party might make. This definition sets out what must be shown by evidence to conclude that treachery existed, namely: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense or retaliation; and (2) the deliberate and conscious adoption of the means of execution. To reiterate, the essence of qualifying circumstance is the suddenness, surprise and the lack of expectation that the attack will take place, thus, depriving the victim of any real opportunity for self-defense while ensuring the commission of the crime without risk to the aggressor.[29] Likewise, even when the victim was forewarned of the danger to his person, treachery may still be appreciated since what is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate.[30] | |||||
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2011-02-16 |
VELASCO JR., J. |
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| At the outset, We reiterate the consistent principle the Court applies when the issue of credibility of witnesses is raised in the backdrop of the findings of the trial court which are wholly affirmed by the appellate court. An established rule in appellate review is that the trial court's factual findings, including its assessment of the credibility of witnesses and the probative weight of their testimonies, as well as the conclusions drawn from the factual findings, are accorded respect, if not conclusive effect.[15] Indeed, it is settled that when credibility is in issue, the Court generally defers to the findings of the trial court considering that it was in a better position to decide the question, having heard the witnesses themselves, and observed their deportment during trial.[16] | |||||
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2010-03-30 |
LEONARDO-DE CASTRO, J. |
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| Treachery exists when an offender commits any of the crimes against persons, employing means, methods or forms which tend directly or especially to ensure its execution, without risk to the offender, arising from the defense that the offended party might make. This definition sets out what must be shown by evidence to conclude that treachery existed, namely: (1) the employment of such means of execution as would give the person attacked no opportunity for self-defense or retaliation; and (2) the deliberate and conscious adoption of the means of execution. To reiterate, the essence of qualifying circumstance is the suddenness, surprise and the lack of expectation that the attack will take place, thus, depriving the victim of any real opportunity for self-defense while ensuring the commission of the crime without risk to the aggressor.[24] | |||||