This case has been cited 2 times or more.
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2007-09-03 |
GARCIA, J. |
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| Experience dictates that precisely because of the unusual acts of violence committed right before their eyes, witnesses do remember with a high degree of reliability the identities of criminals, and the time and manner they committed the crimes.[17] Evelyn was not merely physically attacked. An attempt upon her honor was made as well, and not merely by a stranger but by the brother of her fiancé no less. As such, an unwavering and categorical identification of her assailant was to be doubly expected. Experience shows that oftentimes a startling occurrence creates an indelible impression in the mind that can be recalled vividly.[18] | |||||
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2001-01-16 |
VITUG, J. |
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| "A Norberto Millamena and the others who hacked him were Juan Sasi, Nestor Seduco, and Jun Sasi."[13] A dying declaration is admissible in evidence when (a) the death of the declarant is imminent and he is conscious of that fact; (b) the declaration refers to the cause and surrounding circumstances of such death; (c) the declaration relates to facts which the declarant is competent to testify to; (d) the declarant in fact subsequently dies; and (e) the declaration is offered in the criminal case where the declarant's death is itself the subject of inquiry.[14] Dying declaration has often been considered reliable for being made in extremity when the party is at the point of death and when every hope of survival is gone, when every motive to falsehood is silenced, and when the mind is induced by the most powerful considerations to speak the truth.[15] | |||||