This case has been cited 6 times or more.
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2013-02-20 |
BERSAMIN, J. |
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| As a rule, recantation is viewed with disfavor firstly because the recantation of her testimony by a vital witness of the State like AAA is exceedingly unreliable, and secondly because there is always the possibility that such recantation may later be repudiated.[33] Indeed, to disregard testimony solemnly given in court simply because the witness recants it ignores the possibility that intimidation or monetary considerations may have caused the recantation. Court proceedings, in which testimony upon oath or affirmation is required to be truthful under all circumstances, are trivialized by the recantation. The trial in which the recanted testimony was given is made a mockery, and the investigation is placed at the mercy of an unscrupulous witness. Before allowing the recantation, therefore, the court must not be too willing to accept it, but must test its value in a public trial with sufficient opportunity given to the party adversely affected to cross-examine the recanting witness both upon the substance of the recantation and the motivations for it.[34] The recantation, like any other testimony, is subject to the test of credibility based on the relevant circumstances, including the demeanor of the recanting witness on the stand. In that respect, the finding of the trial court on the credibility of witnesses is entitled to great weight on appeal unless cogent reasons necessitate its re-examination, the reason being that the trial court is in a better position to hear first-hand and observe the deportment, conduct and attitude of the witnesses.[35] | |||||
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2012-01-18 |
BERSAMIN, J. |
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| A gross disparity of forces existed between the accused and the victims. Not only did the six accused outnumber the three victims but the former were armed with bolos while the latter were unarmed. The accused clearly used their superiority in number and arms to ensure the killing of the victims. Abuse of superior strength is attendant if the accused took advantage of their superiority in number and their being armed with bolos.[37] Accordingly, the crimes committed were three counts of murder. | |||||
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2003-10-01 |
YNARES-SANTIAGO, J. |
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| Regarding the Joint Affidavit of Desistance executed by the private complainants, suffice it to say that the principles governing the use of such instruments in the adjudication of other crimes can be applied here. Thus, in People v. Ballabare, it was held that an affidavit of desistance is merely an additional ground to buttress the defenses of the accused, not the sole consideration that can result in acquittal. There must be other circumstances which, when coupled with the retraction or desistance, create doubts as to the truth of the testimony given by the witnesses at the trial and accepted by the judge. Here, there are no such circumstances.[40] Indeed, the belated claims made in the Joint Affidavit of Desistance, such as the allegations that the incident was the result of a misunderstanding and that the team acceded to Mayor Astorga's orders "out of respect," are belied by petitioner's own admissions to the contrary.[41] The Joint Affidavit of Desistance of the private complainants is evidently not a clear repudiation of the material points alleged in the information and proven at the trial, but a mere expression of the lack of interest of private complainants to pursue the case. This conclusion is supported by one of its latter paragraphs, which reads: That this affidavit was executed by us if only to prove our sincerity and improving DENR relations with the local Chiefs Executive and other official of Daram, Islands so that DENR programs and project can be effectively implemented through the support of the local officials for the betterment of the residence living conditions who are facing difficulties and are much dependent on government support.[42] | |||||
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2000-10-11 |
BELLOSILLO, J. |
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| This Court however finds that the trial court erred in appreciating the qualifying circumstance of treachery. Where the lone eyewitness Romeo Barsaga did not see how the assault on the victim began, the trial court cannot conclude that treachery attended the commission of the crime.[13] Any doubt as to the existence of treachery must be resolved in favor of the accused. However, despite the absence of treachery, the factual circumstances of the crime show that the killing of the victim was qualified by abuse of superior strength, which is expressly alleged in the Information. Thus, the two (2) accused-appellants did not only enjoy superiority in number but they also used bolos while their victim was unarmed.[14] There was physical disparity between the protagonists and abuse of superior strength was obvious. The force used by the aggressors was out of proportion to the means of defense available to the victim.[15] | |||||
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2000-01-31 |
BELLOSILLO, J. |
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| Aside from the testimony of the two (2) principal witnesses, there are other factors which clearly indicate the guilt of accused-appellants. The paraffin test conducted on them soon after they were arrested yielded positive results thus showing that each one fired a gun.[52].] This fact alone, together with the positive identification by the prosecution witnesses, strongly indicates that they were Demarayo's assailants.[53].] Roberto Milliam's claim that the real killer was Excel Maravilla[54] appears to be only an afterthought since Roberto never imputed the killing to Maravilla when the policemen first informed him that he was being tagged as the assassin of a certain military man. If indeed it was true that this Excel Maravilla was the killer, Roberto would have, at the first opportunity, referred to Maravilla as the culprit. But he chose to keep quiet about it and only disclosed the name of Maravilla several hours after his arrest. The only reason he gave - although obviously filmsy - for not immediately revealing the name of Excel Maravilla as the killer of Demarayo was that the investigators never asked him.[55] Such excuse is lame and was apparently fabricated to save himself from prosecution. His reaction after hearing that he was named as the gunman was highly unnatural and unbelievable, for surely, no innocent man would remain silent if he was wrongfully accused of a crime; more so, if he knew the identity of the real killer. | |||||