This case has been cited 7 times or more.
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2010-04-07 |
VILLARAMA, JR., J. |
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| As narrated by Pabalan, two (2) of the appellants - Esoy and Ciano - sat infront of them while the other, Bolalacao, sat beside the victim. Considering the limited space inside a passenger jeepney, the faces of appellants can be easily seen by Pabalan in close range. Moreover, it is of no moment that the inside of a jeepney was only illuminated by a small bulb. The said kind of light has already been held by the Court as enough lighting for identification purposes. [13] Considering also the busy thoroughfare of Taft Avenue, Ermita, light emanating from the headlights of passing vehicles can contribute sufficient illumination [14] to enable Pabalan to identify appellants. We have held that when conditions of visibility are favorable, and the witness does not appear to be biased, as in the instant case, her assertion as to the identity of the malefactors should normally be accepted. [15] | |||||
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2004-02-03 |
PER CURIAM |
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| From the evidence of the prosecution, there is no doubt that all the appellants conspired in the commission of the crimes charged. Their concerted actions point to their joint purpose and community of intent. Well settled is the rule that in conspiracy, direct proof of a previous agreement to commit a crime is not necessary. It may be deduced from the mode and manner by which the offense was perpetrated, or inferred from the acts of the accused themselves when such point to a joint design and community of interest.[144] Otherwise stated, it may be shown by the conduct of the accused before, during, and after the commission of the crime.[145] Appellants' actions showed that they have the same objective to kidnap and detain the Chiong sisters. Rowen and Josman grabbed Marijoy and Jacqueline from the vicinity of Ayala Center. Larrañaga, James Andrew and James Anthony who were riding a red car served as back-up of Rowen and Josman. Together in a convoy, they proceeded to Fuente Osmeña to hire a van, and thereafter, to the safehouse of the "Jozman Aznar Group" in Guadalupe, Cebu where they initially molested Marijoy and Jacqueline. They headed to the South Bus Terminal where they hired the white van driven by Alberto, with Ariel as the conductor. Except for James Andrew who drove the white car, all appellants boarded the white van where they held Marijoy and Jacqueline captive. In the van, James Anthony taped their mouths and Rowen handcuffed them together. They drank and had a pot session at Tan-awan. They encircled Jacqueline and ordered her to dance, pushing her and ripping her clothes in the process. Meanwhile, Larrañaga raped Marijoy, followed by Rowen, James Anthony, Alberto, and Ariel. On other hand, Josman and James Andrew raped Jacqueline. Upon Josman's order, Rowen and Ariel led Marijoy to the cliff and pushed her. After leaving Tan-awan, they taunted Jacqueline to run for her life. And when Rusia got off from the van near Ayala Center, the appellants jointly headed back to Cebu City. | |||||
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2001-09-28 |
PARDO, J. |
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| In addition, moral damages, distinct from civil indemnity, may be granted as well, considering the traumatic experience that the victims endured right in their own home. Thus, the amount of P50,000.00 as moral damages is awarded to each of the victims, in line with current jurisprudence.[30] | |||||
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2000-02-02 |
PER CURIAM |
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| Accused-appellants argue that their identification by the complainants was doubtful. They stress that, the suspects approached the complainants from behind and that the scene of the crime was a dark place notorious for criminality such that positive identification could not have been possible. Again, we find no merit in this contention. After a perusal of the records of the case, we find that the identification made by Ornella and Alexis of accused-appellants is credible. While accused-appellants may have approached complainants from behind, their act of divesting the two of their personal belongings and of raping Ornella necessarily brought them face to face with the complainants. Specifically, Ornella recognized Felimon Alipayo because while the latter was poking a knife at her and removing her wrist watch, she was staring at him.[22] She recognized Danilo Macabalitao by the scar on his face which she readily saw when he approached her.[23] As to Virgilio Tamayo and Jellie Lipa, Ornella saw their faces when they raped her.[24] Alexis, too, confirmed that because of their proximity, he recognized the accused-appellants.[25] We give credence to the identification made by the complainants considering that the most natural reaction of victims of violence is to strive to see the appearance of the perpetrators of the crime and observe the manner in which the crime is being committed.[26] | |||||