This case has been cited 3 times or more.
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2004-01-20 |
QUISUMBING, J. |
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| However, in our view, the confession appellant made while he was under investigation by SPO1 Carlito Reyes for the killing of Keyser at the Antipolo PNP Station, falls short of the protective standards laid down by the Constitution. Under Article III of the Constitution,[43] a confession to be admissible must satisfy the following requisites: (a) the confession must be voluntary; (b) the confession must be made with the assistance of competent and independent counsel; (c) the confession must be express; and (d) the confession must be in writing.[44] In the instant case, the testimony of SPO1 Reyes on cross-examination clearly shows the cavalier treatment by the police of said constitutional guarantees. This can readily be gleaned from the transcript of Reyes' testimony, which we excerpt: Q: What did you do next upon arriving at the police station? A: When we arrived at the police station, I pointed to him and asked him to read what was written on the wall which was his constitutional rights. | |||||
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2001-07-17 |
YNARES-SANTIAGO, J. |
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| While the commission of the crime was attended by abuse of superior strength, this aggravating circumstance will not be appreciated against accused-appellant because it is already absorbed in treachery.[53] With regard to evident premeditation, although this qualifying circumstance was alleged in the information, the same was not proven by the prosecution considering that there was no concrete proof as to how and when the plan to kill was hatched or what time had elapsed before it was carried out.[54] While treachery qualified the killing to murder, neither aggravating nor mitigating circumstances attended the commission of the felony. Hence, the penalty of reclusion perpetua was properly imposed.[55] | |||||
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2001-05-09 |
PANGANIBAN, J. |
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| Pursuant to current jurisprudence, the award of indemnity ex delicto is P50,000,[28] not P70,000 as determined by the trial court. The award of moral damages in the sum of P50,000, is backed up by evidence; we cannot, however, sustain the award of exemplary damages, absent any showing of aggravating circumstances.[29] | |||||