This case has been cited 3 times or more.
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2008-08-06 |
CHICO-NAZARIO, J. |
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| It is not incredible for Javier to have identified appellants at a distance of 15-20 meters. Such distance was not that far as to blur Javier's vision of appellants during the incident. In several cases we have decided,[23] the distance of the eyewitness from the crime scene was 15-20 meters away and even more, nevertheless, the eyewitness' identification of the malefactors was found to be credible, accurate and unmistaken. | |||||
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2005-06-30 |
GARCIA, J. |
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| But even assuming, in gratia argumente, that Lt. Leygo's testimony was not corroborated by the two (2) other prosecution witnesses during their cross-examinations, still the day cannot be saved for the petitioner. Well-settled is the rule in this jurisdiction that the testimony of a single witness, if straightforward and categorical, is sufficient to convict. After all, witnesses are weighed, not numbered, and evidence are assessed in terms of quality, not quantity. It is not uncommon, then, to reach a conclusion of guilt on the basis of the testimony of a lone witness. Corroborative evidence is deemed necessary only when there are reasons to warrant the suspicion that the witness falsified the truth or that his observations had been inaccurate.[16] Unfortunately for the petitioner, the trial court found nothing to indicate that Lt. Leygo falsified the truth or that his observations had been inaccurate. | |||||
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2003-07-14 |
YNARES-SANTIAGO, J. |
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| Thus, the crime for which appellant should be made accountable must be modified from Murder to Homicide, penalized under Article 249 of the Revised Penal Code by reclusion temporal. There being no aggravating or mitigating circumstance, the proper imposable penalty should be reclusion temporal in its medium period, pursuant to Article 64 (1) of the Revised Penal Code. Applying the Indeterminate Sentence Law, the minimum term is anywhere within the range of prision mayor and the maximum within the range of reclusion temporal in its medium period.[24] | |||||