This case has been cited 2 times or more.
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2014-01-22 |
LEONARDO-DE CASTRO, J. |
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| Time and again, we have declared that treachery is present when the offender commits any of the crimes against persons, employing means, methods, or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make.[20] Furthermore, we have also held that the essence of treachery is that the attack is deliberate and without warning, done in a swift and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or escape.[21] In the case at bar, the manner by which Pionio Yacapin was killed carried all the indubitable hallmarks of treachery. We quote with approval the following discussion of the Court of Appeals on this matter, to wit: Treachery, which was alleged in the information, was duly proven by the prosecution. The Court notes, in particular, the testimony of Nenita Yacapin who declared that when the victim was making a fire in the kitchen, she heard shots and she saw the barrel of the gun inserted on the bamboo split walling of their house. Exhibit "B", the anatomical chart certified by the Philippine National Police (PNP) personnel, shows the relative location of the gunshot wounds sustained by the victim. The chart indicates that the victim was shot from behind. Clearly, the execution of the attack made it impossible for the victim to defend himself or to retaliate.[22] (Citations omitted.) | |||||
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2014-01-15 |
LEONARDO-DE CASTRO, J. |
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| In the face of this serious accusation, appellant puts forward the defense of alibi. We have held that for the defense of alibi to prosper, the accused must prove not only that he was at some other place at the time of the commission of the crime, but also that it was physically impossible for him to be at the locus delicti or within its immediate vicinity.[16] These requirements of time and place must be strictly met. A review of the evidence presented by appellant reveals that it falls short of the standard set by jurisprudence. Appellant failed to establish by clear and convincing evidence that it was physically impossible for him to be at San Jose Del Monte City, Bulacan when Jesus was murdered. His own testimony revealed that the distance between the locus delicti and Dasmariñas City, Cavite is only a four to five hour regular commute.[17] Thus, it would not be physically impossible for him to make the round trip between those two points from dusk till dawn of September 5-6, 2002 and still have more than enough time to participate in the events surrounding the murder of Jesus. | |||||