This case has been cited 4 times or more.
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2012-12-10 |
REYES, J. |
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| What is also noteworthy is that the petitioner invoked self-defense, after he had admitted that he caused the victim's wounds when he shot the latter several times using a deadly weapon, i.e., the .45 caliber pistol that he carried with him to the situs of the crime. In People v. Mondigo,[11] we explained: By invoking self-defense, appellant admitted committing the felonies for which he was charged albeit under circumstances which, if proven, would justify his commission of the crimes. Thus, the burden of proof is shifted to appellant who must show, beyond reasonable doubt, that the killing of Damaso and wounding of Anthony were attended by the following circumstances: (1) unlawful aggression on the part of the victims; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.[12] (Citations omitted and emphasis ours) | |||||
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2010-11-17 |
VELASCO JR., J. |
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| In a catena of cases, treachery is found obtaining "when the offender commits the crime employing means, methods or forms in its execution which tend directly and specially to insure its execution, without risk to himself arising from the defense that the offended party might make."[40] | |||||
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2010-02-11 |
NACHURA, J. |
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| Finally, a person pleading intoxication to mitigate penalty must present proof of having taken a quantity of alcoholic beverage prior to the commission of the crime, sufficient to produce the effect of obfuscating reason.[26] In short, the defense must show that the intoxication is not habitual, and not subsequent to a plan to commit a felony, and that the accused's drunkenness affected his mental faculties. In this case, the absence of any independent proof that his alcohol intake affected his mental faculties militate against Victoriano's claim that he was so intoxicated at the time he committed the crime to mitigate his liability.[27] | |||||
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2008-06-27 |
YNARES-SATIAGO, J. |
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| Every person criminally liable for a felony is also civilly liable.[57] When death occurs due to a crime, the following damages may be awarded: 1) civil indemnity ex delicto for the death of the victim; 2) actual or compensatory damages; 3) moral damages; 4) exemplary damages and 5) temperate damages.[58] In cases of murder and homicide, civil indemnity of P50,000.00 and moral damages of P50,000.00 are awarded automatically.[59] Indeed, such awards are mandatory without need of allegation and proof other than the death of the victim[60] owing to the fact of the commission of murder or homicide. [61] | |||||