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PEOPLE vs Tito Reduca

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TITO REDUCA y ABARA, accused-appellant.

G.R. Nos. 126094-95 | 1999-01-21

D E C I S I O N


PANGANIBAN, J.:

When the prosecution fails to establish that the wound inflicted on the victim would have caused his or her death had medical help not been provided, the accused may be convicted only of attempted, not frustrated, murder or homicide. In denying this appeal, we also reiterate the following doctrines: (1) the trial court's assessment of the credibility of witnesses and their testimonies is entitled to great respect; (2) a dying declaration made under a consciousness of impending death is admissible in evidence as an exception to the hearsay rule; and (3) an unsubstantiated alibi cannot overcome positive and...