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Showing posts from September, 2017
X, as token to end concubinage with Y, donates a house to her. Valid?
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Negative self-serving evidence deserve less weight than testimony on affirmative matters
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Credibility NOT impaired by relationship to victim
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Affidavits generally subordinated in importance to open court declarations
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Witness credibility NOT affected by minor inconsistency
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Impressions on witness of trial judge should be accorded much weight
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Plea of guilty to lesser offense; downgraded offense controls judgment, proceedings
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Appeal taken by other accused shall not affect those who did not appeal
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To determine if indeterminate sentence is proper, consider penalty actually imposed
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For alibi to prosper, requirements of time and place must be strictly met
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No law holds NON-FLIGHT of accused as conclusive proof of innocence
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Principles of special complex crimes APPLY to attempted robbery with homicide
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In view of dwelling (morada), penalty imposable shall be reclusion perpetua
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Different persons, different reactions to similar situtations
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Total recall, perfect symmetry NOT required as long as witnesses concur on material points
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Identification of accused as one of 3 intruders stands completely unscathed
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Accused voluntarily surrenders, gets minimum jail time
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Treachery present when accused executes crime without risk to himself
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Self-defense NEGATED by location of fatal wounds inflicted on victim
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Positive identification in murder; Alibi as a defense
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Witnessing a crime an UNUSUAL experience eliciting different reactions from witnesses
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Criminal’s normal predisposition to ensure execution in way least expected
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Inconsistencies on minor details tend to strengthen, not weaken, credibility
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Witness' relationship with victim per se NOT proof of prejudice
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Lower court's factual findings on witness credibility given great weight, RESPECT on appeal
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In illegal possession, homemade firearm (paltik) still needs PROOF of lack of license
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Testimony, certification from PNP-FEU enough to prove NO firearm license
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SC reiterates 2 elements of ILLEGAL possession of firearm
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If arrest lawful, search, seizure made incidental thereto likewise valid
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Arresting officer need NOT possess warrant at time of arrest; Rule 113
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Law enforcers PRESUMED to have regularly performed their duties
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CA's factual findings NOT reviewable on appeal if supported by substantial evidence
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Judge exerts extra effort, helps other courts decide cases, fails to decide own cases
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Judgment of conviction may be based on sufficient circumstantial evidence
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Flight of accused generally an indication of guilt
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Normal action in bringing patient to hospital: to give INFO on how injuries occurred
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Popular Posts
He confessed in the police station but SC acquits him
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Theft, qualified theft; definition; difference; proper penalty
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