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PEOPLE v. ALBERTO OCFEMIA Y MAIMOT

This case has been cited 2 times or more.

2010-06-29
VELASCO JR., J.
It is apt to recall People v. Ocfemia[25] where this Court ruled that the professed inability of the accused to recall events before and after the stabbing incident, as in the instant case, does not necessarily indicate an aberrant mind but is more indicative of a concocted excuse to exculpate himself. It is simply too convenient for Tibon to claim that he could not remember anything rather than face the consequences of his terrible deed.
2004-03-17
DAVIDE JR., C.J.
indicates that the accused was in full control of his mental faculties.[58] Additionally, the trial judge observed that, during the hearings, Anacito was attentive, well-behaved, and responsive to the questions propounded to him. Thus, the shift in theory from denial and alibi to a plea of insanity, made apparently after the appellant realized the futility of his earlier defenses, is a clear indication that insanity is a mere concoction[59] or an afterthought.[60] In any event, Anacito failed to establish by convincing evidence his alleged insanity at the time he killed Demetrio Jr. and Allan Dacles. He is thus presumed sane, and we are constrained to affirm his conviction.[61] We likewise reject the alternative plea of Anacito that he be credited with the mitigating circumstance of diminished willpower. In the cases where we credited this mitigating circumstance after rejecting a plea of insanity, it was clear from the records that the accused had