This case has been cited 2 times or more.
|
2008-10-10 |
LEONARDO-DE CASTRO, J. |
||||
| Accused-appellant posits that the non-presentation of AAA's friend on the witness stand, to clarify whether he really fetched AAA and brought her to the copra kiln drier where the alleged sexual molestation transpired, casts doubt on the latter's credibility. We disagree. Discretion as to how the prosecution should present its case belongs to the prosecutor. Moreover, as a rule, appellate courts will not interfere with the judgment of the trial court in passing upon the credibility of a witness, unless there appears on the record some fact or circumstance of weight and influence which has been overlooked, or the significance of which has been misinterpreted or misapprehended.[13] The reason for this is that the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct, and attitude under grilling examination.[14] Thus, we find no cogent reason to overturn the trial court's findings, which was affirmed by the CA, that gave credence to the credibility of AAA, who was 13 years of old when she was sexually assaulted and 15 years of age when she testified in court. We quote with approval the CA on this score:The foregoing testimony indubitably shows that appellant indeed had carnal knowledge of private complainant against the latter's will and through force and intimidation for seven (7) TIMES. Even after she was subjected to intense cross-examination by the defense, private complainant remained steadfast in her assertion that it was appellant who raped her. To Our mind, her testimony deserves full faith and credence as it is consistent on material points. Well-settled is the rule that when a rape victim's testimony is straightforward and candid, unshaken by rigid cross-examination, and unflawed by inconsistencies or contradiction in its material points, the same must be given full faith and credit. It is equally settled that when a woman, more so if she is a minor, says she has been raped, she says, in effect, all that is necessary to prove that rape was committed. Youth and immaturity are generally badges of truth. It is highly inconceivable for a daughter to publicly accused her father of rape if it were not true. Indeed, it is against human nature for a girl to fabricate a story that would expose herself as well as her father to a lifetime of dishonor, especially when her charge would mean death of her own father.[15] | |||||
|
2006-04-18 |
PANGANIBAN, CJ |
||||
| We uphold the award of P50,000 indemnity ex delicto[69] to the heirs of the victim. When death occurs as a result of a crime, the heirs of the deceased are entitled to this amount as indemnity for the death, without need of any evidence or proof of damages.[70] As to actual damages, we note that the prosecution was able to establish sufficiently only P22,200 for funeral and burial costs. The rest of the expenses, although presented, were not duly receipted. We cannot simply accept them as credible evidence. This Court has already ruled, though, that when actual damages proven by receipts during the trial amount to less than P25,000, the award of P25,000 for temperate damages is justified, in lieu of the actual damages of a lesser amount.[71] In effect, the award granted by the lower court is upheld. | |||||