This case has been cited 3 times or more.
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2013-06-13 |
REYES, J. |
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| In this case, the evidence on record established that Dela Rosa and Tabasa shared a community of criminal design. Together, they approached Magdua while the latter was busy talking to Samson; Tabasa then boxed Magdua while Dela Rosa pulled out a knife and stabbed the latter on the chest. When Magdua managed to run away, the two perpetrators ran after him and were able to overtake him. Tabasa, again, threw fist blows to Magdua who still tried to retreat. From behind, Dela Rosa then pulled his knife and stabbed Magdua at the nape. Such acts, taken altogether, show how Dela Rosa and Tabasa jointly accomplished killing Magdua. Consequently, Dela Rosa's denial is not supported by convincing evidence and deserves scant consideration. Such self-serving denial, therefore, cannot overthrow the positive identification made by Samson that he was one of the perpetrators of the crime.[21] | |||||
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2011-07-04 |
DEL CASTILLO, J. |
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| There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specifically to ensure the execution of the crime without risk to himself arising from the defense which the offended party might make. [30] To establish treachery, two elements must concur: (a) that at the time of the attack, the victim was not in a position to defend himself; and, (b) that the offender consciously adopted the particular means of attack employed. [31] | |||||
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2009-11-25 |
CHICO-NAZARIO, J. |
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| Treachery qualifies the killing to murder.[13] There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and especially to ensure its execution, without risk to himself arising from any defense which the offended party might make.[14] | |||||