This case has been cited 3 times or more.
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2009-08-14 |
CARPIO, J. |
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| For the warrantless arrest under this Rule to be valid, two requisites must concur: (1) the offender has just committed an offense; and (2) the arresting peace officer or private person has personal knowledge of facts indicating that the person to be arrested has committed it.[5] | |||||
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2006-02-22 |
GARCIA, J. |
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| Positive identification pertains essentially to proof of identity and not per se to that of being an eyewitness to the very act of commission of the crime. There are two types of positive identification. A witness may identify a suspect or accused as the offender as an eyewitness to the very act of the commission of the crime. This constitutes direct evidence. There may, however, be instances where, although a witness may not have actually witnessed the very act of commission of a crime, he may still be able to positively identify a suspect or accused as the perpetrator of a crime as when, for instance, the latter is the person or one of the persons last seen with the victim immediately before and right after the commission of the crime. This is the second type of positive identification, which forms part of circumstantial evidence.[13] In the absence of direct evidence, the prosecution may resort to adducing circumstantial evidence to discharge its burden. Crimes are usually committed in secret and under condition where concealment is highly probable. If direct evidence is insisted under all circumstances, the prosecution of vicious felons who committed heinous crimes in secret or secluded places will be hard, if not well-nigh impossible, to prove.[14] | |||||
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2001-11-27 |
PUNO, J. |
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| In addition, accused-appellant has failed to impute any bad motive on the part of the prosecution witnesses in pointing to him as the culprit. In contrast, it is accused-appellant who has a clear motive to want to kill the victim. It appears that during a meeting of barangay officials sometime in August 1992, the victim and accused-appellant had a misunderstanding because the former wanted to remove the latter from his position as barangay councilor. Accused-appellant told the victim that if he is no longer deserving of the position, he will just go home. However, upon reaching home, accused-appellant felt embarrassed and humiliated. According to him, he decided to go back to settle the matter with the victim.[17] Accused-appellant did try to settle it by throwing a hand grenade at the victim. When it did not explode, he tried to shoot the victim but failed. Accused-appellant had every reason to want to get even. Motive is proved by the acts or statements of the accused before or immediately after the commission of the offense, i.e., by deeds or words that may express the motive or from which his reason for committing the offense may be inferred.[18] He attempts to remove this cloud of suspicion by testifying that he had already asked for forgiveness from the victim. His statement is, at the least, self-serving and hence has no probative value specially when it is not corroborated by other witnesses. | |||||