This case has been cited 4 times or more.
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2010-04-07 |
PERALTA, J. |
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| It is clear that the arguments advanced by the petitioner in the case at bar, questioning the conclusion of the RTC and the CA that petitioner shot the victim, are trivial. The fact remains that Rudy has been shot with a gun and he positively identified his shooter as the petitioner. Petitioner faulted the RTC and the CA for giving credence to the testimony of Rudy. However, it is to be noted that even the lone declaration of a sole eyewitness is sufficient to convict if that testimony is found to be credible. Credibility of witnesses is to be weighed and should not be based on numbers. The matter of assigning values to declaration on the witness stand is best and most competently performed by the trial judge who had the unmatched opportunity to observe the witnesses and to assess their credibility by various indicia available but not reflected on the record.[22] | |||||
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2009-11-27 |
ABAD, J. |
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| Two.The accused-appellants point out that the testimony of PO3 Galvez cannot support their conviction since it does not bear the corroboration of the other officers involved in the police operation against them.But the failure of these other officers did not weaken the prosecution evidence.The lone declaration of an eyewitness is sufficient to convict if, as in this case, the court finds the same credible.[11]Credibility goes into a person's integrity, to the fact that he is worthy of belief,[12] and does not come with the number of witnesses.[13] | |||||
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2006-01-25 |
CALLEJO, SR., J. |
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| We reject petitioners' contention that the prosecution failed to prove treachery in the commission of the felony. Petitioners attacked the victim in a sudden and unexpected manner as Ruben was walking with his three-year-old daughter, impervious of the imminent peril to his life. He had no chance to defend himself and retaliate. He was overwhelmed by the synchronized assault of the three siblings. The essence of treachery is the sudden and unexpected attack on the victim.[17] Even if the attack is frontal but is sudden and unexpected, giving no opportunity for the victim to repel it or defend himself, there would be treachery.[18] Obviously, petitioners assaulted the victim because of the altercation between him and petitioner Edgardo Rivera a day before. There being conspiracy by and among petitioners, treachery is considered against all of them.[19] | |||||
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2002-09-17 |
BELLOSILLO, J. |
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| and consciously adopted by the accused to eliminate or diminish the risk to his person from any defense which the party attacked might offer.[4] Treachery may not simply be deduced from presumptions as it is necessary that its elements be fully established as the crime itself. In the instant case, however, we are not prepared to rule that treachery attended the killing of Lorelie de la Cruz. As borne out by the records, prosecution witness Venus Ramos did not actually see how the stabbing began, how it developed, and how the unfortunate victim | |||||