This case has been cited 3 times or more.
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2010-02-11 |
NACHURA, J. |
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| Even if, for the sake of argument, we consider Victoriano's claim that the injury sustained by his wife was caused by an accident, without fault or intention of causing it, it is clear that Victoriano was not performing a lawful act at the time of the incident. Before an accused may be exempted from criminal liability by the invocation of Article 12 (paragraph 4) of the RPC, the following elements must concur: (1) a person is performing a lawful act (2) with due care, and (3) he causes an injury to another by mere accident and (4) without any fault or intention of causing it. For an accident to become an exempting circumstance, the act that causes the injury has to be lawful.[24] Victoriano's act of physically maltreating his spouse is definitely not a lawful act. To say otherwise would be a travesty -- a gross affront to our existing laws on violence against women. Thus, we fully agree with the apt findings of the CA, to wit: With the foregoing avowal, We find that the death of appellant's wife was not caused by mere accident. An accident is an occurrence that "happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences." It connotes the absence of criminal intent. Intent is a mental state, the existence of which is shown by a person's overt acts. | |||||
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2008-12-24 |
CHICO-NAZARIO, J. |
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| The petition being a petition for review, the jurisdiction of this Court is confined to reviewing questions of law.[11] The issues ultimately focus on the credibility of witnesses and whether the evidence for the prosecution - as opposed to petitioner's alibi - is sufficient to warrant petitioner's conviction for commission of the crime of Estafa as alleged in the Information. The core issue being raised by accused-appellant is essentially a factual issue. It is well-settled in criminal jurisprudence that where the issue is one of credibility of witnesses, the appellate court will generally not disturb the findings of the trial court, considering it was in a better position to settle such issue.[12] The issue concerning the credibility of witnesses has almost always been considered to be a matter that is best addressed to the sound judgment of the trial court. Its vantage point over that of an appellate court in that determination can hardly be doubted. Indeed, the trial court has the advantage of hearing the witness and observing his conduct during trial, circumstances which carry a great weight in appreciating his credibility.[13] | |||||
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2003-10-15 |
PER CURIAM |
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| The contentions of appellant have no merit, for which reason his conviction must be affirmed. It is a long-settled rule in criminal jurisprudence that when the issue is one of credibility of witnesses, an appellate court will normally not disturb the factual findings of the trial court[12] in the absence of a clear showing that the court had failed to appreciate facts and circumstances which if taken into account, would materially affect the result of the case.[13] The trial court's evaluation of the testimonies of witnesses is accorded great respect because it had the opportunity to observe the demeanor and conduct of witnesses on the stand.[14] | |||||