Category Archives: Circumstances

The aggravating circumstance not specifically alleged in the information cannot be appreciated to increase the criminal liability of the accused, the established presence of one or two aggravating circumstances of any kind or nature entitles the offended party to exemplary damages

Posted on February 4, 2012 by Erineus

Under Article 2230 of the Civil Code,[32] the attendance of any aggravating circumstance (generic, qualifying, or attendant) entitles the offended party to recover exemplary damages. Here, relationship was the aggravating circumstance attendant in both cases. We need to award P30,000.00 … Continue reading →

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Upon invoking the justifying circumstance of self-defense, the accused assumed the burden of proving the justification of his act with clear and convincing evidence

Posted on February 3, 2012 by Erineus

An accused who asserts self-defense admits his infliction of the fatal blows and bears the burden of satisfactorily establishing all the elements of self-defense. Otherwise, his conviction for the felony of murder or homicide will be affirmed. … Specifically, the … Continue reading →

Posted in Burden of Proof, Circumstances, Self-defense | Tagged | Leave a comment