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