Temere Animus

No. L-31102. May 5, 1979; THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FELIPE DUEÑO, alias FELIPE CATALAN, SOFRONIO DUEÑO and ANDRESITO BELONIO alias HAPON, defendants-appellants. DOCTRINES: Appellants’ contention that the testimonies of the eyewitnesses Dellomos and Dolfo are inherently improbable as not be credible has been successfully traversed by the Solicitor General. For, Dolfo and Dellomos, having been the target of accused-appellants only a few hours earlier in the afternoon of the same day, may and should be expected to take some risks—to the point perhaps of being illogical and reckless—to identify and, if possible, frustrate any further attempts on the part of the three accused to assault and to try to kill them again. Motive is relevant where the indentity of the persons accused of having committed the crime is in dispute, where there are no eyewitnesses, and where suspicion is likely to fall upon a number of persons (People vs. Portugueza, L-22604, July 31, 1967...

G.R. No. 211053. November 29, 2017.* PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SEGFRED L. OROZCO, MANUEL D. OSIR, and ALBERTO B. MATURAN, accused,      ERNIE N. CASTRO, accused-appellant. Ponente :  LEONEN, J.: Doctrines:      To sustain a conviction under Article 248 of the Revised Penal Code, the prosecution must prove that a person was killed, that the accused killed him, that the killing was not parricide or infanticide, and that the killing was attended by any of the qualifying circumstances mentioned under this Article. It is admitted that Mata was killed and that accused-appellant was one of those responsible for the stabs that led to his death. The only element disputed in this case is that the killing was attended by circumstances which qualify the crime as murder.      In People v. Dela Cruz, 612 SCRA 738 (2010), there is treachery when the offender commits any of the crimes against persons, employing means, m...