This case has been cited 2 times or more.
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2006-09-26 |
CHICO-NAZARIO, J. |
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| While the prosecution witnesses did not see accused-appellant actually starting the fire that burned several houses and killed the Separa family, her guilt may still be established through circumstantial evidence provided that: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and, (3) the combination of all the circumstances is such as to produce conviction beyond reasonable doubt.[37] | |||||
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2001-10-17 |
QUISUMBING, J. |
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| Motive is not an essential element of a crime,[45] particularly of murder.[46] It becomes relevant only where there is no positive evidence of an accused's direct participation in the commission of a crime.[47] Stated otherwise, proof of motive becomes essential to a conviction only where the evidence of an accused's participation in an offense is circumstantial.[48] A careful perusal of the State's evidence reveals that the prosecution had established sufficient motive why appellants killed the victim, independent of any grudge which Navales may have had against the latter. At the time of the incident, appellants Abriol and Dosdos were both BBRC detention prisoners during Navales' term as warden. Abriol and Dosdos were treated as highly favored "trustees" of Navales and were never locked up. Abriol and Dosdos were even allowed to go out of BBRC to do the marketing for the prison's kitchen. Appellant Astellero, a former detention prisoner, was also a recipient of Navales' favors. Navales hired Astellero as his personal driver after the latter served his sentence. Navales and the victim, a former BBRC jailguard, were associates in dealing with prohibited drugs, until they had a falling out allegedly after the victim failed to remit to Navales proceeds from the sale of illegal drugs amounting to P31,000. Appellants apparently killed the victim to return the "special favors" Navales had showered them. Lack of a motive does not necessarily preclude conviction. Persons have been killed or assaulted for no reason at all, and friendship or even relationship is no deterrent to the commission of a crime.[49] | |||||