Without evident
premeditation, and without any evidence to appreciate the aggravating
circumstance of treachery in the killing, the accused can only be held liable
as principal for the crime of homicide as defined and penalized under Article
249 of the Revised Penal Code.
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Miyerkules, Setyembre 24, 2014
Is it a requirement for witnesses to know the names of the assailants?
Witnesses need not know the names
of the assailants, as long as they recognize the latter’s faces. What is
imperative is that, on the basis of their personal knowledge, the witnesses are
positive as to the physical identification of the perpetrators. (People v. Sorila, Jr., 578 Phil. 931 [2008]).
Thus, it was sufficient that the
witnesses were able to identify the accused in the crime scene and when they
took the witness stand.
Mga etiketa:
crime,
criminal law,
criminal procedure,
law,
remedial law,
witness
When is there treachery?
There is
treachery when the offender commits any of the crimes against persons by
employing means, methods or forms that tend directly and especially to ensure
its execution without risk to the offender arising from the defense that the
offended party might make.
What are the requisites that the prosecution must prove in a murder charge?
For the
charge of murder to prosper, the prosecution must prove the following: (1) the
offender killed the victim, and (2) the killing was done through treachery, or
by any of the five other qualifying circumstances, duly alleged in the
Information. (People v.
Gabrino,G.R. No. 189981, 9 March 2011, 645 SCRA 187.)
Mga etiketa:
crime,
criminal law,
criminal procedure,
murder
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