Facts:

• The accused-appellants, Resty Silva, Rodolfo Sandangao, and Jun-jun Flores, were charged with the crimes of murder and attempted murder.
• The incident occurred on September 3, 1996, at around 10:00 PM in Sitio Diaboyo, Barangay Ditumabo, San Luis, Aurora, Philippines.
• The accused-appellants abducted the Ceriales brothers, Edmundo and Manuel, from their house at gunpoint.
• The brothers were tied up and taken to an isolated location.
• Edmundo was able to escape, but Manuel was found headless the next day.

Issue:

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Ruling:

• The accused-appellants are guilty of murder and at...(Unlock)

Ratio:

• The findings of fact of the trial court are generally respected and should not be disturbed on appeal unless substantial facts and circumstances have been overlooked.
• Evident premeditation is present when there is a period sufficient to afford full opportunity for meditation and reflection, a time adequate to allow the conscience to overcome the resolution of the will.
• Treachery is present when there is the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate.
• Nighttime becomes aggravating when it is especially sought by the offender, taken advantage of by him, or facilitates the commission of the crime by ensuring the offender's immunity from capture.
• Attempted murder is committed when there is a clear intent to kill, even if the act is not fully executed.
• Alibi must prove that it was physically impossible for the accused to be at the locus delicti or within its immediate vicinity to prosper.
• Positive identification prevails over mere alibi and denial.
• Irresistible force exempts a person from criminal li...continue reading