This case has been cited 4 times or more.
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2007-04-13 |
CALLEJO, SR., J. |
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| Alma Tan Garalde and Kil Patrick Ibero were tried before Branch 79 and were subsequently convicted. Their conviction was affirmed in toto by this Court on December 14, 2000 in G.R. No. 128622.[7] | |||||
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2007-04-13 |
CALLEJO, SR., J. |
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| In view of the previous conviction[84] of Kil Patrick Ibero as principal and Alma Tan Garalde as accomplice, they shall be held jointly and severally liable with appellant, with respect to the actual, moral and exemplary damages awarded in accordance with the provisions of the Revised Penal Code.[85] However, as accomplice, Alma Tan Garalde shall be solidarily liable only with respect to one-half of the total amount of damages.[86] | |||||
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2007-02-06 |
CHICO-NAZARIO, J. |
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| This complete absence of evidence on the part of the prosecution to show the conduct of the appellant and his co-accused, disclosing a common understanding among them relative to the commission of the offense, [83] is fatal to the prosecution. The prosecution's witness could not testify on the manner by which the deceased Piamonte was stabbed, precisely because by his own admission, he did not see the stabbing. No account of the stabbing which caused the death of the deceased Piamonte was ever given nor shown. Unfortunately, no account of how Piamonte died was ever given, except for the established fact that he died due to stabbing. The appellant's act of holding a lead pipe and hitting the deceased in the head was not shown to be in furtherance of the common design of killing the deceased. What transpired during the stabbing of the victim, which is material to proving the fact of conspiracy, is, regrettably, left merely to speculation. This Court must neither conjecture nor surmise that a conspiracy existed. The rule is clear that the guilt of the accused must be proved with moral certainty. [84] All doubts should be resolved in favor of the accused. Thus, the time honored principle in criminal law that if the inculpatory facts are capable of two or more explanations, one consistent with the innocence of the accused and the other with his guilt, the Court should adopt that which is more favorable to the accused for then the evidence does not fulfill the test of moral certainty. [85] | |||||
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2003-04-24 |
PER CURIAM |
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| The records are bereft of any evidence that Alexander Saldaña entertained any particular or specific prejudice against the appellants especially because there were 68 accused in this case. The trial court correctly opined that it was quite strange that Alexander would point to the appellants as the perpetrators of the crime if it were true that all of them, except Macapagal and Teddy, do not know or have not even met Alexander. Indeed, it was in Alexander's best interest to implicate only those people who were responsible for abducting him. He has nothing to gain by implicating and testifying against persons innocent of the crime. In People v. Garalde,[68] this Court ruled that when there is no evidence to show any dubious reason or improper motive why a prosecution witness would testify falsely against an accused or falsely implicate him in a heinous crime, the testimony is worthy of full faith and credit. | |||||