This case has been cited 4 times or more.
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2003-01-28 |
QUISUMBING, J. |
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| When it comes to the issue of credibility, this Court ordinarily defers to the assessment and evaluation given by the trial court, for only the trial judge has the unique opportunity to observe that elusive and incommunicable evidence of the witness' deportment on the witness stand while testifying, an opportunity denied to the appellate courts which usually rely on the cold pages of the records of the case.[48] Only when such assessment is tainted with arbitrariness or oversight of some significant fact or circumstance will the appellate court depart from the trial court's factual conclusions.[49] | |||||
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2002-01-08 |
QUISUMBING, J. |
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| It is well settled that in assessing the credibility of witnesses, this Court gives great respect to the evaluation of the trial court for it had the unique opportunity to observe the demeanor of witnesses and their deportment while testifying. Such an opportunity is denied the appellate courts, which rely on the cold pages of the records of the case.[15] Only when such assessment is tainted with arbitrariness or oversight of a significant fact or circumstance that could affect the result will the appellate court depart from the trial court's factual conclusions.[16] | |||||
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2001-03-05 |
QUISUMBING, J. |
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| On the award of damages, we find that a modification is in order. The trial court awarded offended party the sum of P50,000.00 as "consequential damages." The award of P50,000.00 to the rape victim is more precisely termed as civil indemnity. The imposition is mandatory upon the finding of rape.[24] In addition, the amount of P50,000.00 is also awarded to a victim of rape as moral damages.[25] Hence, the trial court's decision must be modified in this respect. | |||||
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2001-02-19 |
QUISUMBING, J. |
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| As to the indemnity ex delicto, the amount of P50,000.00 for each count of rape is in order, pursuant to current jurisprudence. In addition, another P50,000.00 for each count should be awarded to complainant as moral damages in accordance with case law.[42] The award of exemplary damages of P25,000.00 in each case should also be sustained, to deter fathers or stepfathers with perverse tendencies and aberrant sexual behavior, like appellant, from sexually abusing their daughters or stepdaughters.[43] However, the trial court erred in ordering appellant to acknowledge the twins as his children by the victim. Being a married man, he cannot be ordered to acknowledge the offspring of the crime as his.[44] However, he can be ordered to provide financial support to each child in the amount of P5,000.00 monthly, which appears to be reasonable. | |||||