Category Archives: Murder

Definition of res gestae, its rule and its requisites to be admissible as evidence

The statement of Haide to his mother that he had just been shot by the group of Berting –  uttered in the immediate aftermath of the shooting where he was the victim –  was a true part of the res … Continue reading

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Positive identification refers to proof of identity of the assailant and need not always be by direct evidence from the eyewitness

 The identification of the accused as the person responsible for the imputed crime is the primary duty of the State in every criminal prosecution. Such identification, to be positive, need not always be by direct evidence from an eyewitness, for … Continue reading

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The use of unlicensed firearm would be treated either: (1) as an essential ingredient in the crimes of rebellion, insurrection, sedition or attempted coup d’etat; or (2) as an aggravating circumstance in murder or homicide.

The records and the evidence show that the elements of the offense of qualified illegal possession of firearms, defined in the second paragraph of Section 1, Presidential Decree No. 1866, are present in this case.  Specifically, there are: 1.  there … Continue reading

Posted in Coup d'etat, Illegal Possesion of Firearm, Insurrection, Murder, Rebellion, Sedition | Tagged | 3 Comments