This case has been cited 3 times or more.
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2014-10-01 |
CARPIO, ACTING C.J. |
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| To be believed, testimony must not only proceed from the mouth of a credible witness; it must be credible in itself such as the common experience and observation of mankind can approve as probable under the circumstance.[54] The circumstances under which appellants participated in the commission of the carnapping would not justify in any way their claim that they acted under an uncontrollable fear of being killed by their fellow carnapper. Rather, the circumstances establish the fact that appellants, in their flight from jail, consciously concurred with the other malefactors to take the Tamaraw jeep without the consent of its owner. | |||||
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2000-05-31 |
BELLOSILLO, J. |
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| But reliance on People v. Magsombol is misplaced. The facts therein would show that the attack by the accused was frontal and his victim managed thereafter to run for about fifteen (15) meters, while the accused did not bother to pursue him but fled instead to the opposite direction. It befits logic to presume that accused therein, although momentarily enraged, was still uncertain whether he had already killed the victim or simply wounded him. If the accused was truly bent on killing the victim, the former would have finished him off instead of merely fleeing to the opposite direction. In contrast, the accused herein came from behind his unsuspecting victim who did not have the slightest inkling that he would be attacked that afternoon in the presence of mahjong players and spectators and their kibitzers. As the victim was totally unprepared for the unexpected attack from behind with no weapon to resist it, the stabbing could only be described as treacherous.[23] As the attack was synchronal, sudden and unexpected, treachery was evident.[24] | |||||