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Showing posts from September, 2017

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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