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PEOPLE v. CHARLIE GLORIA

This case has been cited 4 times or more.

	GR No. 187531 2009-10-16	PEOPLE v. ELMER PERALTA Y HIDALGO NACHURA, J.
As provided for in the Revised Penal Code (RPC), sexual intercourse with a girl below 12 years old is statutory rape. The two elements of the crime are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman was below 12 years of age.[18] In the instant case, the first element has been satisfied by the testimony of the victim as explained above; and the second, by her birth certificate presented during the trial, showing that she was born on November 7, 1998.[19] Further, a qualifying circumstance is present in this case, which will raise the nature of the crime to a higher category, i.e., the victim was a child below seven (7) years old. The presence of the foregoing qualifying circumstance raised the crime of statutory rape to qualified rape.[20]
	GR No. 177768 2009-07-27	PEOPLE v. CHARMEN OLIVO Y ALONG QUISUMBING, J.
It is settled that when the issue is the evaluation of the testimony of a witness or his credibility, this Court accords the highest respect and even finality to the findings of the trial court, absent any showing that it committed palpable mistake, misappreciation of facts or grave abuse of discretion. It is the trial court which has the unique advantage of observing first-hand the facial expressions, gestures and the tone of voice of a witness while testifying.[16]
	GR No. 176152 2008-11-25	PEOPLE v. NIDO GARTE CARPIO MORALES, J.
Appellant's harping on the alleged inconsistencies in AAA's claim respecting the kind of weapon used by appellant and the number of times she informed her mother about the incidents does not persuade. Especially given the number of times AAA was abused, she is not expected to have "the memory of an elephant and the cold precision of a mathematician." [33] Indeed, minor lapses are to be expected when a person is recounting details of a traumatic experience which are commonly too painful and agonizing to recall, especially in a courtroom atmosphere.[34]
	GR No. 175333 2007-09-21	PEOPLE v. SONNY RENTORIA Y VELASCO CHICO-NAZARIO, J.
Hence, from the foregoing, the death penalty shall be imposed in the crime of rape if any of the qualifying circumstances mentioned in Article 266-B is present in the commission of the crime. Qualifying circumstances are aggravating circumstances, which, by express provision of law, change the nature of the crime to a higher category.[28]