This case has been cited 2 times or more.
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2010-02-24 |
LEONARDO-DE CASTRO, J. |
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| The RTC, which had the opportunity to observe the demeanor of the witnesses, found Gary's account concerning the alleged unlawful aggression on the part of Ernesto to be unconvincing. Factual findings of the trial court, especially when affirmed by the Court of Appeals, as in this case, are binding on this Court and are entitled to great respect.[39] It also bears to emphasize that by invoking self-defense, Gary, in effect, admitted killing Ernesto, thus, shifting upon him the burden of evidence to prove the elements of the said justifying circumstance.[40] A plea of self-defense cannot be justifiably appreciated where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful in itself.[41] | |||||
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2005-08-12 |
YNARES-SANTIAGO, J. |
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| The third element of violation of B.P. 22, i.e., the dishonor of the check by the drawee bank, is also attendant in the present case as shown by the reason for the dishonor as stamped in the dorsal portion of the checks which are also prima facie presumptions of such dishonor and the reasons therefor.[49] In Garcia v. Court of Appeals,[50] it was held that while it is true that the presumption is merely prima facie, the accused must, nonetheless, present proof to the contrary to overcome this presumption. Here, other than the bare allegations of petitioner, he presented no well-grounded defense to prove that the subject checks were not dishonored by the drawee banks. | |||||