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PEOPLE v. SABINO GEMENTIZA

This case has been cited 5 times or more.

2006-03-03
YNARES-SANTIAGO, J.
[32] People v. Gementiza, 349 Phil. 407, 421-422 (1998).
2002-04-19
QUISUMBING, J.
We note that the trial court awarded the amount of P50,000 as moral damages to complainant. In addition, the amount of P50,000 as civil indemnity must also be awarded to her in accordance with prevailing jurisprudence.[27]
2001-02-28
PER CURIAM
Q: Last question, up to now, you can not tell us of any reason why Rachel Yasas would charge you for rape in these three cases? A: No, sir.[54] It is basic that where there is no showing that the complainant was impelled by any improper motive in making the accusation against the accused, her complaint is entitled to full faith and credit.[55] We therefore affirm his conviction.
2000-12-04
BELLOSILLO, J.
We sustain the conviction of accused-appellant for rape. As found by the trial court, which we find no reason to doubt, the testimony of complaining witness Ellen Caay was clear, positive, convincing and consistent with human nature and the normal course of things.[4] Otherwise stated, her credibility is the single important issue.[5] Ellen gave a candid, plain and straightforward account of her harrowing experience in a manner reflective of an honest and unrehearsed testimony.[6]
2000-11-28
BELLOSILLO, J.
While flight of an accused is competent evidence to establish prima facie his guilt, there is no law or principle that non-flight per se is proof, let alone conclusive proof, of innocence.  Much like the defense of alibi, non-flight cannot prevail against the weight of positive identification of the accused.[17] It is more credible to believe that Banisa had no choice but to tell the truth regarding his presence at the Skyview Restaurant because four (4) policemen who knew him well saw him there while they were conducting Operation Kapkap.