This case has been cited 4 times or more.
|
2009-03-17 |
QUISUMBING, J. |
||||
| Well-entrenched in our jurisprudence is the doctrine that the assessment of the credibility of witnesses lies within the province and competence of trial courts. This doctrine is based on the time-honored rule that the matter of assigning values to declarations on the witness stand is best and most competently performed by the trial judge who, unlike appellate magistrates, can weigh the testimony in the light of the declarant's demeanor, conduct and attitude at the trial and is thereby placed in a more competent position to discriminate between truth and falsehood. Thus, appellate courts will not disturb the credence accorded by the trial court to the testimonies of witnesses unless it is clearly shown that the trial court has overlooked or disregarded arbitrarily facts and circumstances of significance in the case. None of the exceptions, we note, was shown in the case at bar.[15] | |||||
|
2008-02-14 |
QUISUMBING, J. |
||||
| Following current jurisprudence, we find the award of civil indemnity[21] in the amount of P50,000 for the death of Crescini correct and proper without any need of proof other than the commission of the crime. We also affirm the award of moral damages of P50,000 in accordance with our ruling in People v. Ortiz.[22] Exemplary damages of P25,000 is likewise warranted because of the presence of the aggravating circumstance of treachery. Exemplary damages are awarded when the commission of the offense is attended by an aggravating circumstance, whether ordinary or qualifying.[23] | |||||
|
2006-04-18 |
PANGANIBAN, CJ |
||||
| This Court has consistently held that --given the proper conditions -- the illumination produced by a kerosene lamp, a flashlight, a wick lamp, moonlight, or starlight is considered sufficient to allow the identification of persons.[25] In this case, the full moon and the light coming from two fluorescent lamps of a nearby store were sufficient to illumine the place where petitioner was; and to enable the eyewitness to identify him as the person who was present at the crime scene. Settled is the rule that when conditions of visibility are favorable and the witnesses do not appear to be biased, their assertion as to the identity of the malefactor should normally be accepted.[26] | |||||
|
2005-03-04 |
SANDOVAL-GUTIERREZ, J. |
||||
| We are not persuaded. There is alevosia when the offender commits any of the crimes against persons employing means, methods, or forms in the execution thereof which tend directly and especially to ensure the execution of the crime without risk to himself from any defense which the offended party might make.[17] We agree with the lower courts that the petitioner planned to kill the victim with treachery in mind. At that time, the victim was seated, having just finished a meal at a late hour. His back was towards petitioner when the latter, without warning, hacked him twice on his head with a bolo. The attack was so sudden and unexpected that the victim had no opportunity either to avert the attack or to defend himself. | |||||