This case has been cited 4 times or more.
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2003-01-28 |
QUISUMBING, J. |
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| As to nighttime, this circumstance is considered aggravating only when (1) it was especially sought by the offender; or (2) the offender took advantage of it; or (3) it facilitated the commission of the crime by ensuring the offender's immunity from identification or capture.[65] In this case, the prosecution did not adduce evidence that the appellant deliberately sought the cover of the night to commit the offense. The mere fact that the killing was committed at night would not suffice to sustain nocturnity for, by, and of itself.[66] Aggravating circumstances must be established with the same quantum of proof as fully as the crime itself, and any doubt as to their existence must be resolved in favor of appellant.[67] | |||||
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2002-01-15 |
BELLOSILLO, J. |
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| We observe that the trial court awarded P250,000.00 to the heirs of the deceased on the justification that the same had been stipulated upon by the parties. This is patently wrong. Award of damages is dictated, not by the agreement of the parties; worse, "in a manner that suits them best,"[11] but by the mandate of law and jurisprudence. Accordingly in conformity with established law and jurisprudence, the award of P50,000.00 as civil indmenity and another P50,000.00 as moral damages should be awarded to the heirs of the victim. | |||||
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2001-11-22 |
QUISUMBING, J. |
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| On this score, we find that this qualifying circumstance was specifically alleged in the information. We also find that the trial court correctly appreciated this circumstance. There is treachery when the offender commits any of the crimes against persons employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from defense which the offended party might make.[22] For treachery to be considered a qualifying circumstance, two conditions must be satisfied: (a) the malefactor employed such means, method or manner of execution as to insure his or her safety from the defensive or retaliatory acts of the victim; and (b) the said means, method or manner was deliberately adopted.[23] The essence of treachery is that the attack is deliberate and without warning - done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape.[24] This was how Luceñara was attacked and killed. He was shot at the back of his head to insure that the killing was consummated without any risk to appellant, and again on Luceñara's belly after he fell down. The killing was also totally unexpected since the victim was ambushed on his way home in the middle of the night. | |||||
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2001-04-20 |
BELLOSILLO, J. |
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| We do not believe accused-appellant's claim that Herminigildo was killed when he overpowered and hacked him (Herminigildo) with his own bolo during their fatal encounter. The multiplicity and nature of the injuries inflicted on the deceased belie his claim. Herminigildo suffered stab wounds on the chest, left shoulder, arm, nape, and other portions of his body while Rolly emerged unscathed. He suffered no lacerations or even abrasions despite his supposed vicious encounters not only with the armed Herminigildo but also with four (4) enraged women. A plea of self-defense cannot be justifiably appreciated where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful by itself.[5] Self-defense as a justifying circumstance must fail where unlawful aggression on the part of the person injured or killed was not properly established. According to accused-appellant, when Herminigildo Mendez barged into the room and accidentally struck his wife with a bolo, accused-appellant after a brief scuffle took possession of the weapon and hacked the deceased. At this point, it cannot be claimed that unlawful aggression existed. Granting that unlawful aggression initially existed, the same ceased as soon as the danger on the life and limb of accused-appellant vanished when he wrested the bladed weapon from the deceased. | |||||