This case has been cited 4 times or more.
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2001-12-05 |
YNARES-SANTIAGO, J. |
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| The Court, however, agrees with the Solicitor General that the trial court improperly applied the aggravating circumstance of taking advantage of public position pursuant to Article 14, paragraph 1 of the Revised Penal Code in imposing the death penalty on accused-appellant for the killing of Enrique Ganan. To appreciate this aggravating circumstance, the public officer must use the influence, prestige or ascendancy which his office gives him as a means by which he realizes his purpose.[83] The essence of the matter is presented in the inquiry "Did the accused abuse his office to commit the crime?"[84] | |||||
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2001-07-11 |
PARDO, J. |
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| As to the aggravating circumstance of cruelty, although the accused stabbed the victim several times, the same could not be considered as cruelty because there was no showing that it was intended to prolong the suffering of the victim. "For cruelty to be appreciated against the accused, it must be shown that the accused, for his pleasure and satisfaction, caused the victim to suffer slowly and painfully as he inflicted on him unnecessary physical and moral pain. The crime is aggravated because by deliberately increasing the suffering of the victim the offender denotes sadism and consequently a marked degree of malice and perversity. The mere fact of inflicting various successive wounds upon a person in order to cause his death, no appreciable time intervening between the infliction of one (1) wound and that of another to show that he had wanted to prolong the suffering of his victim, is not sufficient for taking this aggravating circumstance into consideration."[8] | |||||
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2000-07-05 |
PUNO, J. |
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| The qualifying circumstance of treachery may not be simply deduced from presumption as it is necessary that the existence thereof should be proven as fully as the crime itself in order to aggravate the liability or penalty incurred by the culprit.[29] Treachery is considered present when there is the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate and the method of execution was deliberately or consciously adopted.[30] | |||||