This case has been cited 2 times or more.
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2004-07-23 |
AUSTRIA-MARTINEZ, J. |
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| THE TRIAL COURT LIKEWISE ERRED WHEN SHE (SIC) GAVE FULL CREDENCE AND FULL FAITH ON THE TESTIMONY OF THE PROSECUTION WITNESSES;[13] Appellant's extrajudicial confession was taken and transcribed entirely in the Cebuano dialect. Rule 132, Section 33 of the Revised Rules on Evidence provides: Sec. 33. Documentary evidence in an unofficial language.-- Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial. The rule is that when there is presented in evidence an exhibit written in any language other than the official language (Filipino or English), if there is an appeal, that exhibit should be translated by the official interpreter of the court, or a translation should be agreed upon by the parties, and both original and translation sent to this court.[14] In this case, there is no official translation of appellant's extrajudicial confession in the Filipino or English language. If the Court were to strictly follow the rule, then appellant's extrajudicial confession should not have been admitted by the trial court as evidence for the prosecution. | |||||
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2002-08-22 |
YNARES-SANTIAGO, J. |
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| responsibility therefor. Certainly, a righteous individual will not cower in fear and unabashedly admit the killing at the earliest possible opportunity if he were morally justified in doing so. (Emphasis and italics supplied) If the accused-appellant honestly believed that his acts constituted self-defense against the unlawful aggression of the victim, he should have reported the incident to the police instead of escaping and avoiding the authorities. The circumstances that accused-appellant neither resisted arrest nor did he struggle to free himself when he was taken into custody by the authorities do not amount to voluntary surrender.[47] Indeed, it was only later that he decided to turn himself in. | |||||