This case has been cited 5 times or more.
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2004-01-13 |
TINGA, J, |
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| Evident premeditation, although alleged in the information, was not adequately proven. The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment.[86] The elements of evident premeditation are: (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that the culprit has clung to his resolve; and (3) a sufficient interval of time between the determination or conception and the execution of the crime to allow him to reflect upon the consequence of his act and to allow his conscience to overcome the resolution of his will if he desired to hearken to its warning.[87] Where, as in this case, there is no evidence as to how and when the plan to kill was decided and what time had elapsed before it was carried out, evident premeditation cannot be considered an aggravating circumstance.[88] | |||||
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2003-08-25 |
YNARES-SANTIAGO, J. |
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| Moreover, in cases involving murder or homicide, moral damages can be awarded without need of further proof other than the death of the victim.[16] It is inherently human to suffer sorrow, torment, pain and anger when a loved one becomes the victim of a violent or brutal killing. Such violent death or brutal killing not only steals from the family of the deceased his precious life, deprives them forever of his love, affection and support, but often leaves them with the gnawing feeling that an injustice has been done to them.[17] | |||||
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2002-08-20 |
YNARES-SANTIAGO, J. |
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| defense, the accused must show that he was so far away that he could not have been physically present at the place of the crime or its immediate vicinity at the time of its commission, and that his presence elsewhere renders it impossible for him to be the guilty party.[15] In the case at bar, the unwavering identification of accused-appellant by the prosecution eyewitness, not to mention the possibility of his presence at the scene of the crime which is only 3 kilometers away from his house, made accused-appellant's defenses unavailing. What is more, his alibi is contradicted by his own counter-affidavit executed on January 11, 1994 wherein he stated that: 1) he attended the dance held at Iraray, Brooke's Point, Palawan and saw therein the victim and Linda Zulueta; and that 2) the victim was probably shot by his brother, Carolino Harovilla, who had a grudge against said victim.[16] Hence, his defenses must undoubtedly fail. The trial court correctly appreciated the circumstance of treachery, which qualified the killing to murder. The essence of treachery is the sudden and unexpected attack by an aggressor without the slightest provocation on the part of the victim, depriving the latter of any | |||||
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2002-07-18 |
PANGANIBAN, J. |
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| witnesses of violence, their most natural reaction was to strive to look at the appearance of the perpetrators of the crime and observe the manner in which it was committed.[24] Most often the faces and the body movements of the assailants create lasting impressions that cannot be easily erased from memory.[25] Second, the witnesses' recollections of the specific details of the crime[26] -- the fact that the victim was stabbed on the chest, the use of a knife in stabbing him, and the position of the assailant -- were corroborated by the medicolegal's | |||||
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2002-05-29 |
MENDOZA, J. |
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| Indeed, the foregoing boils down to a question of credibility of the prosecution witnesses. But, with respect to this issue, the findings of the trial court will not be disturbed on appeal unless it be shown that it has plainly overlooked certain facts of substance which, if considered, might affect the result of the case.[25] This is because the trial court, having personally heard the witnesses and observed their deportment and manner of testifying during trial, is in a better position to decide the question of credibility. | |||||