This case has been cited 5 times or more.
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2004-03-17 |
YNARES-SANTIAGO, J. |
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| insure the execution of the crime, without risk to himself arising from the defense which the offended party might make. The elements of treachery are: (i) the means of execution employed gives the victim no opportunity to defend himself or retaliate; and (ii) the methods of execution were deliberately or consciously adopted.[27] In the instant case, nothing from the successive events leading to the actual assault show that the victim was deprived of a real chance to defend himself because (1) he was also carrying a bolo slung on his shoulder which he could have used to repel the attack of appellant; | |||||
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2003-08-19 |
PER CURIAM |
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| It is dogmatic that the positive identification of the accused, where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which, if not substantiated by clear and convincing evidence, are negative and self-serving evidence undeserving of weight in law.[9] Richard Sison would not have imputed a crime as serious as murder if he were not truly convinced that in the hands of that person dripped the blood of his father. | |||||
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2002-05-29 |
YNARES-SANTIAGO, J. |
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| In Criminal Case No. U-5638, the trial court was correct in convicting accused-appellant of attempted murder. The testimony of Flordeliza that accused-appellant deliberately fired the gun at her was reinforced by the corroborative declaration of prosecution witness De Leon who stated that the shot was intended to kill Flordeliza. Since accused-appellant already commenced the criminal act by overt acts but failed to perform all acts of execution as to produce the felony by reason of some cause other than his own desistance, the crime committed is an attempted felony.[22] Accused-appellant already commenced his attack with a manifest intent to kill by shooting Flordeliza, but failed to perform all the acts of execution by reason of causes independent of his will, that is, poor aim and the intervention of Glicerio. So also, accused-appellant's attack on Flordeliza, who was then unsuspectingly tending their sari-sari store, was sudden and done without any provocation, thus giving her no chance to defend herself. This circumstance constitutes treachery[23] which qualifies the crime to attempted murder. | |||||
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2002-05-29 |
YNARES-SANTIAGO, J. |
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| There is treachery when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution thereof which tend to directly and specially insure the execution of the crime, without risk to himself arising from the defense which the offended party might make. The essence of treachery is the sudden, unexpected, and unforeseen attack on the person of the victim, without the slightest provocation on the part of the latter.[28] Judging from the circumstances which attended the shooting of the deceased, treachery undoubtedly qualified the present case to murder. This is so because accused-appellants obviously devised a way, that is, by shooting the victim from underneath the house, to effectively execute the crime without risk to themselves arising from the defense which the unsuspecting victim might put up. | |||||
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2002-02-28 |
PER CURIAM |
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| It is a well-settled rule that positive identification of the accused, where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which if not substantiated by clear and convincing evidence are negative and self-serving evidence undeserving of weight in law. [37] Furthermore, in order that the defense of alibi may prosper, accused-appellant must establish not only that he was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time it was committed. [38] In the case at bar, the place of commission of the rapes --- somewhere between Tam-awan and Longlong --- and the boarding house where accused-appellant alleged he was in the evening of July 14, 1998, are both situated within Baguio City. The distance between Tam-awan and Aurora Hills, especially at dawn, can be traversed in just a matter of minutes. | |||||