This case has been cited 3 times or more.
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2003-04-01 |
YNARES-SANTIAGO, J. |
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| While there may be no direct evidence of the commission of the crime, the foregoing constitute circumstantial evidence sufficient to warrant Garcia's and Bernabe's conviction. The following requisites for circumstantial evidence to sustain a conviction were met, to wit: (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; and (3) the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.[25] The circumstances indeed form an unbroken chain which leads to a fair and reasonable conclusion that Bernabe and Garcia were the perpetrators of the crime. It has been held that facts and circumstances consistent with guilt and inconsistent with innocence constitute evidence which, in weight and probative force, may surpass even direct evidence in its effect upon the court.[26] | |||||
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2000-03-17 |
GONZAGA-REYES, J. |
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| We agree with the trial court that murder was committed in this case. However, among the qualifying circumstances enumerated in the Information, only treachery may be correctly appreciated. Abuse of superior strength is necessarily absorbed therein.[29] Evident premeditation can not be considered for lack of evidence that accused-appellant pre-conceived the crime.[30] | |||||
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2000-01-31 |
PARDO, J. |
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| The above contention is untenable. The trial court did not err in treating the killing of Felix Zacarias to be qualified by alevosia. "For treachery to be present, two conditions must concur, namely: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate, and (b) the means of execution was deliberately or consciously adopted."[27] | |||||