This case has been cited 2 times or more.
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2014-07-28 |
DEL CASTILLO, J. |
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| As regards the frustrated murders of Marissa and Micel, the penalty lesser by one degree shall be imposed on appellants.[31] Accordingly, the penalty that must be imposed is reclusion temporal for each count of frustrated murder. Applying the Indeterminate Sentence Law and in the absence of modifying circumstances other than the qualifying circumstance of treachery, the maximum penalty shall be taken from the medium period of reclusion temporal, which has a range of fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months, while the minimum shall be taken from the penalty next lower in degree which is prision mayor in any of its periods, the range of which is from six (6) years, one (1) day to twelve (12) years. The prison term imposed by the CA on appellants must therefore be modified to six (6) years and one (1) day of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum, which is within these ranges,[32] for each count of frustrated murder. | |||||
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2013-11-27 |
LEONARDO-DE CASTRO, J. |
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| As stated above, both the trial court and the Court of Appeals found the testimonies of Fernandez and Augusto to be straightforward and credible. The records are likewise devoid of any evidence to show that either Fernandez or Augusto had any ill motive to falsely testify against accused-appellant Niegas. We have time and again ruled that factual findings of the trial court, especially those affirmed by the Court of Appeals, are conclusive on this Court when supported by the evidence on record. Since it was the trial court that was able to observe the demeanor of the witnesses, it is consequently in a better position to determine which of the witnesses are telling the truth.[36] | |||||