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PEOPLE v. SALVADOR GALIDO

This case has been cited 4 times or more.

2007-09-11
CHICO-NAZARIO, J.
There is no merit in appellants' assertion.  This Court has held time and again that there is no standard behavior for a person who is confronted with a shocking incident.[16]  One may immediately report the incident to the proper authorities while others, in fear and/or avoiding involvement in a criminal investigation, may keep to themselves what they witnessed.[17]  In this case, fear of reprisal or avoiding participation in the investigation could be a credible excuse for the one-day silence of a prosecution witness before divulging to authorities what he had just witnessed.
2001-03-16
DAVIDE JR., C.J.
Treachery was present in this case. The attack on Magno was sudden and unexpected. Under prevailing jurisprudence, treachery exists when the offender commits any of the crimes against persons, employing means, methods, or forms which tend directly and especially to insure the execution of the crime without risk to himself arising from the defense which the offended party might make.[14] Indeed, treachery attended the killing of Magno as the prosecution witnesses saw that FREDDIE and RICARDO, armed with bolos, attacked Magno without warning. Coldly and deliberately, they hacked the unsuspecting and unarmed Magno. Thus, the trial court did not err in finding that treachery qualified his killing and the crime committed was murder.
2000-10-05
QUISUMBING, J.
Treachery exists when the offender commits any of the crimes against persons, employing means, methods, or forms which tend directly and especially to insure the execution of the crime without risk to himself arising from the defense which the offended party might make.[46] Treachery indeed attended the killing of Malanum and the near-fatal wounding of Blaquer. Armed with knives, appellants attacked without warning. Coldly and deliberately they stabbed unarmed and unsuspecting victims. The trial court did not err in finding that treachery qualified the killing of Malanum so that appellants are guilty of his murder. They are also guilty of the frustrated murder of Blaquer.
2000-07-05
PARDO, J.
As to the witness Martillano Lozano, he was also unwavering in his statement before the court during direct and cross-examinations. He categorically declared that he saw the accused-appellants riding the motorcycle of George Lozano at noon of February 4, 1992. His being a relative of the victim does not necessarily make his testimony tainted with bad faith. We have held that "where the defense fails to prove that witnesses are moved by improper motives, the presumption is that they are not so moved and their testimonies are therefore entitled to full weight and credit".[10]