This case has been cited 4 times or more.
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2009-09-17 |
VELASCO JR., J. |
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| Although the presence of abuse of superior strength alone qualifies the killing to murder, in the presence of both treachery and abuse of superior strength, the latter is absorbed by treachery.[24] We also find Ruperto's voluntary surrender as a mitigating circumstance, since he gave himself up to the police when the latter arrived at his house. | |||||
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2000-09-13 |
PARDO, J. |
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| With respect to the second issue, the conviction of Jimmy Dagami of murder was anchored on positive evidence and not solely on the return of the warrant of arrest, which indicates that he took flight, although flight is an indication of guilt.[14] | |||||
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2000-04-12 |
YNARES-SANTIAGO, J. |
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| In the case at bar, there was no evidence of the planning and preparation to kill the victim. In fact, no attempt was ever made to establish the requisites of evident premeditation, viz : a.] the time when the accused determined to commit the crime, b.] an act manifestly indicating that the accused has clung to his determination, and c.] sufficient lapse of time between such determination and execution to allow them to reflect upon the consequences of their act.[56] In the absence of any evidence of the planning to kill or when the plan was conceived, there is no basis for appreciating evident premeditation.[57] | |||||