This case has been cited 2 times or more.
|
2016-01-28 |
REYES, J. |
||||
| "Well-entrenched is the rule that the trial court's assessment of the credibility of witnesses is entitled to great weight and is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of significance and influence. This rule is based on the fact that the trial court had the opportunity to observe the demeanor and the conduct of the witnesses."[41] The Court finds in the instant case that there is no reason for this Court to deviate from the rule. | |||||
|
2001-08-08 |
YNARES-SANTIAGO, J. |
||||
| Treachery attended the commission of the crime. To constitute treachery, two conditions must concur: [1] the employment of means methods or manner of execution that would ensure the offender's safety from any defense or retaliatory act on the part of the offended party; and [2] the offender's deliberate or conscious choice of the means, method or manner of execution.[7] From the vantage point of Michael Abad, the prosecution's eyewitness, accused-appellant and his victim were conversing with each other while walking side by side when suddenly, accused-appellant pulled out his gun and fired at the victim four times. The attack was sudden and the wounds were fatal thereby effectively preventing the victim from mounting even a token defense. The necropsy report indicated that accused-appellant was at the 4 o'clock or 5 o'clock position in relation to his victim. Three of the four shots were fired from behind. Clearly, the assault was treacherous. | |||||