This case has been cited 3 times or more.
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2003-10-13 |
QUISUMBING, J. |
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| Q: Now, when you examined the cadaver of the subject, did your examination disclose any contusion or hematoma consistent with the possible struggle for the possession of the firearm? A: None, sir. [54] Next, if the shooting was indeed accidental as appellant claims, we find it highly unusual that he failed to help his wife and his dying stepdaughter. Instead, he fled the scene posthaste. His flight is indicative of guilt. [55] He said he scurried away for fear of retaliation by the common-law-husband of the victim. But there is no showing at all where, when and how said husband could effect such retaliation. | |||||
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2001-11-19 |
PARDO, J. |
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| Q: You mean your father was stabbed to death by Jerson Acojedo on May 4, 1993? A: Yes. Q: He was stabbed at about 1:00 o'clock early morning? A: Yes. Q: Can you tell the Honorable Court when he was stabbed by Jerson Acojedo? A: When he was urinating. INTERPRETER: The witness is demonstrating how his father was stabbed by Jerson Acojedo. Q: Where was Jerson Acojedo when he stabbed your father, was he in front of your father or at the back of your father? A: At the back. Q: Where were you when your father was stabbed by Jerson Acojedo? A: I was near him. Q: At the back of your father? A: Yes. Q: More or less, how far were you at the back of your father? A: About one meter. xxx xxx xxx Q: Now, after your father was stabbed by Jerson Acojedo, did he say something? A: No, he immediately died after being stabbed. xxx xxx xxx Q: After Jerson Acojedo stabbed your father and your father died, what did Jerson Acojedo do? A: He ran away after stabbing. Q: Could you tell us how long after was Jerson Acojedo arrested by the authorities? A: It took long because he fled. Q; More or less how long? A: More or less three months. The sudden and unexpected attack on an unsuspecting victim constitute treachery.[33] | |||||
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2001-11-14 |
YNARES-SANTIAGO, J. |
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| Abuse of superior strength must be shown and clearly established as the crime itself.[75] In this case, nobody witnessed the actual killing. Nowhere in Demetrio's testimony, and it is not indicated in any of the pieces of physical evidence, that accused-appellant deliberately took advantage of his superior strength in overpowering Elsa. On the contrary, this Court observed from viewing the photograph of accused-appellant[76] that he has a rather small frame. Hence, the attendance of the qualifying circumstance of abuse of superior strength was not adequately proved and cannot be appreciated against accused-appellant. | |||||