This case has been cited 5 times or more.
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2013-11-27 |
REYES, J. |
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| "The essence of treachery is the sudden and unexpected attack by the aggressor on unsuspecting victims, depriving the latter of any real chance to defend themselves, thereby ensuring its commission without risk to the aggressor, and without the slightest provocation on the part of the victims."[34] Two conditions must concur for treachery to exist, namely: (a) the employment of means of execution gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted.[35] | |||||
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2013-04-10 |
PEREZ, J. |
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| Appellant's alibi that he was sleeping at the time of the rape incident deserves scant consideration. It is an oft-repeated principle that alibi is an inherently weak argument that can be easily fabricated to suit the ends of those who seek its recourse. Thus, an alibi must be supported by the most convincing evidence a credible corroboration from disinterested witnesses. Further, for alibi to prosper, appellants must prove not only that they were somewhere else when the crime was committed, but also that it was physically impossible for them to have been at the scene of the crime or within its immediate vicinity.[30] | |||||
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2013-02-20 |
PERLAS-BERNABE, J. |
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| To uphold a conviction based on circumstantial evidence, it is essential that the circumstantial evidence presented must constitute an unbroken chain which leads one to a fair and reasonable conclusion pointing to the accused, to the exclusion of the others, as the guilty person. The test to determine whether or not the circumstantial evidence on record is sufficient to convict the accused is that the series of circumstances duly proved must be consistent with each other and that each and every circumstance must be consistent with the accused's guilt and inconsistent with the accused's innocence.[55] | |||||
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2011-06-08 |
PERALTA, J. |
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| In convicting the appellants, the courts a quo appreciated treachery in qualifying the killing to murder and evident premeditation in imposing the penalty of death. There is treachery when the offender commits any of the crimes against persons, employing means, methods or forms in the execution thereof which tend directly and specially to ensure its execution without risk to himself arising from the defense that the offended party might make. [32] Two conditions must concur for treachery to exist, namely, (a) the employment of means of execution gave the person attacked no opportunity to defend himself or to retaliate; and (b) the means or method of execution was deliberately and consciously adopted. [33] | |||||
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2011-03-30 |
VELASCO JR., J. |
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| We modify the monetary awards, those being excessive. We award a civil indemnity ex delicto as this is "mandatory upon proof of the fact of death of the victim and the culpability of the accused for the death."[27] As We ruled, "When death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases."[28] Current jurisprudence pegs the award of civil indemnity at PhP 50,000.[29] | |||||