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PEOPLE v. SUEENE DISCALSOTA Y JUGAR

This case has been cited 7 times or more.

	GR No. 186539 2010-06-29	PEOPLE v. MITSUEL L. ELARCOSA VELASCO JR., J.
Treachery was unmistakably present in the instant case. Settled is the rule that qualifying circumstances cannot be presumed, but must be established by clear and convincing evidence as conclusively as the killing itself.[42]
	GR No. 186538 2009-11-25	PEOPLE v. AUSENCIO COMILLO CHICO-NAZARIO, J.
We have observed that the aggravating circumstances of evident premeditation and abuse of superior strength were also alleged in the information. It is a rule of evidence that an aggravating circumstance must be proven as clearly as the crime itself.[53]
	GR No. 181467 2008-08-06	PEOPLE v. AMBROSIO GOLEAS Y LIMUEL CHICO-NAZARIO, J.
We have observed that the aggravating circumstances of evident premeditation and abuse of superior strength were also alleged in the information. It is a rule of evidence that an aggravating circumstance must be proven as clearly as the crime itself.[33]
	GR No. 178541 2008-03-27	PEOPLE v. ANGELO ZETA CHICO-NAZARIO, J.
The RTC held that the killing of Ramon qualifies as murder because of the presence of the aggravating circumstances of evident premeditation and nighttime or nocturnity. It is a rule of evidence that aggravating circumstances must be proven as clearly as the crime itself.[54]
	GR Nos. 140727-28 2003-01-31	PEOPLE v. RAQUIM PINUELA YNARES-SANTIAGO, J.
We agree with the trial court that the killing of David Galvez was attended by treachery. There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from any defensive or retaliatory act which the victim might make. Two essential elements must concur: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and (b) the said means of execution was deliberately or consciously adopted.[19]
	GR No. 134534 2002-08-29	PEOPLE v. SPO1 RAFAEL TRAPANE YNARES-SANTIAGO, J.
the best evidence obtainable by the injured party.[26] In the case at bar, only the amount of P15,000.00 can be awarded as funeral expenses, since these were the only damages duly receipted.[27]
	GR No. 131874 2002-08-22	PEOPLE v. JUDY MATORE Y GUEVARRA YNARES-SANTIAGO, J.
party might make. For treachery to exist, two essential elements must concur: (a) the employment of means of execution that gives the person attacked no opportunity to defend himself or to retaliate, and (b) the said means of execution was deliberately or consciously adopted.[12] The essence of treachery is that the attack comes without warning and in a swift, deliberate and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape.[13] Treachery cannot be established where no particulars are known regarding the manner in which the aggression was carried out, or how it began or developed.[14] Treachery cannot be presumed; it must be proved by clear and convincing evidence or as conclusively as the killing itself.[15] The prosecution failed to prove the presence of treachery as convincingly and conclusively as the killing. Although Richard was unarmed, the trial court only presumed that he was also caught by surprise or that the shooting was sudden and unexpected thereby affording Richard