This case has been cited 2 times or more.
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2012-06-13 |
PERALTA, J. |
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| Indeed, motive becomes material when the evidence is circumstantial or inconclusive, and there is some doubt on whether a crime has been committed or whether the accused has committed it.[19] As held in Crisostomo v. Sandiganbayan,[20] motive is generally held to be immaterial because it is not an element of the crime. However, motive becomes important when the evidence on the commission of the crime is purely circumstantial or inconclusive.[21] It is clear from the above testimonies that the victim had an encounter with a group of people in the street before all of them scampered and only petitioner was left behind. Thus, motive on the part of the petitioner has been established through the testimonies of the witnesses presented narrating the incident in which the victim slapped the petitioner and hit him with a bamboo stick before they went to the same direction. | |||||
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2002-09-17 |
BELLOSILLO, J. |
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| therefor.[29] The heirs are also entitled to moral damages pursuant to Art. 2206 of the New Civil Code on account of the mental anguish which they suffered, and the amount of P50,000.00 is considered reasonable according to existing jurisprudence.[30] WHEREFORE, the assailed Decision of the court a quo finding the accused EDGAR DAWATON guilty of MURDER qualified by treachery is AFFIRMED with the modification that the penalty is reduced from death to reclusion perpetua. The accused is ordered to | |||||