This case has been cited 4 times or more.
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2015-03-25 |
VILLARAMA, JR., J. |
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| The elements of the crime of robbery with homicide are: (1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is done with animo lucrandi; and (4) by reason of the robbery or on the occasion thereof, homicide (used in its generic sense) is committed.[16] Homicide is said to have been committed by reason or on the occasion of robbery if it is committed (a) to facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit of the loot; (c) to prevent discovery of the commission of the robbery; or (d) to eliminate witnesses to the commission of the crime.[17] In robbery with homicide, the original criminal design of the malefactor is to commit robbery, with homicide perpetrated on the occasion or by reason of the robbery. The intent to commit robbery must precede the taking of human life. The homicide may take place before, during or after the robbery.[18] | |||||
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2010-12-14 |
ABAD, J. |
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| Besides, appellants failed to adduce any evidence to establish any improper motive that may have impelled Alfaro to falsely testify against them, other than their allegation that she regularly associated with NBI agents as one (1) of their informants. The absence of evidence of improper motive on the part of the said witness for the prosecution strongly tends to sustain the conclusion that no such improper motive exists and that her testimony is worthy of full faith and credit.[117] Neither had appellants established any ill-motive on the part of the other prosecution witnesses. | |||||
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2010-06-29 |
VELASCO JR., J. |
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| Further, settled is the rule that testimonial evidence to be believed must not only proceed from the mouth of a credible witness but must foremost be credible in itself.[26] Hence, the test to determine the value or credibility of the testimony of a witness is whether the same is in conformity with common knowledge and is consistent with the experience of mankind.[27] | |||||
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2001-06-06 |
PANGANIBAN, J. |
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| The elements of this special complex crime are the following: (1) the taking of personal property is committed with violence or intimidation against a person; (2) the property taken belongs to another; (3) the taking is done with animo lucrandi; and (4) by reason of the robbery or on occasion thereof, homicide (used in its generic sense) is committed.[27] | |||||