This case has been cited 3 times or more.
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2011-08-31 |
PERALTA, J. |
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| This is a petition for review on certiorari seeking to reverse and set aside the Resolution[1] dated September 6, 2006 and Resolution dated October 17, 2006[2] of the Court of Appeals (CA) in CA-G.R. CR No. 29694. | |||||
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2000-05-30 |
PARDO, J. |
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| There is treachery "when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make."[29] The essence of treachery is a swift and unexpected attack on an unarmed victim without the slightest provocation on the latter's part.[30] | |||||
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2000-02-29 |
QUISUMBING, J. |
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| Thus appellant's defense of alibi and denial gains considerable strength in the face of the unreliable identification of the alleged perpetrator of the crime.[47] Evidence against him is simply quite weak to hold him even for trial. The public prosecutor should have moved to dismiss the charges, as he did in favor of the co-accused, Teodoro Siron, Jr. The literal signification of the word "alibi"is"elsewhere"[48] and for alibi to prosper, the requisites of time and place[49] must be established by clear and convincing evidence.[50] Here, appellant and his employer, Renato Simbillo, testified that as early as 5:00 p.m.; they were preparing to leave for Manila, and at around 9:00 p.m., they were already somewhere in the vicinity of the Manila area unloading the sand and gravel.[51] That Mr. Simbillo is a friend and neighbor of the victim[52] persuades us that he has no possible motive to fabricate his testimony in favor of appellant. | |||||