This case has been cited 3 times or more.
|
2008-09-16 |
BRION, J. |
||||
| There is unlawful aggression when the peril to one's life, limb or right is either actual or imminent. There must be actual physical force or actual use of a weapon. It is a statutory and doctrinal requirement to establish self-defense that unlawful aggression must be present. It is a condition sine qua non; there can be no self-defense, complete or incomplete, unless the victim commits unlawful aggression against the person defending himself.[38] | |||||
|
2003-07-24 |
PER CURIAM |
||||
| We find no merit to the claim of the appellant that Ruben Dulay and Erlinda Telles were motivated by ill-will in pointing to him as the accused. The motives imputed by him are too shallow so as to compel said witnesses to falsely accuse anyone of a heinous crime which warrants the imposition of the penalty of death in case of conviction. Appellant was positively identified as the last person seen with the child before the lifeless body of Rowena was discovered. Furthermore, it is unnatural for an aggrieved relative, let alone the mother of the victim, to falsely accuse someone other than the real culprit.[47] | |||||
|
2003-07-17 |
PER CURIAM |
||||
| Moreover, although Avelina Mendoza is the aunt of complainant Rosendo Arimbuyutan, Sr., such relationship does not, by itself, impair Mendoza's credibility as a witness.[50] On the contrary, her relationship to Arimbuyutan would deter her from implicating innocent persons as her natural interest would be to secure the conviction of the real culprit."[51] | |||||