This case has been cited 6 times or more.
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2014-07-28 |
DEL CASTILLO, J. |
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| Anent the respective alibis interposed by appellants, suffice it to say that "[a]libi cannot prevail over the positive identification of a credible witness."[20] | |||||
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2014-04-02 |
VILLARAMA, JR., J. |
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| The trial judge, who had the opportunity of observing ABC's manner and demeanor on the witness stand, was convinced of her credibility: "The very candid, straightforward and credible testimony of the child victim narrates with clarity and credence how on several occasions she was sexually abused by her classmate-herein accused."[12] More importantly, she remained consistent in the midst of gruelling cross examination. The defense lawyer tried to impeach her testimony but failed to do so. We emphasize that a trial court's assessment of a witness' credibility, when affirmed by the CA, is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of weight or influence.[13] None of the recognized exceptions justifying a reversal of the assailed Decision obtains in this instance. | |||||
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2011-07-27 |
PEREZ, J. |
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| We emphasize that a trial court's assessment of a witness' credibility, when affirmed by the CA, is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of weight or influence. [38] This is so because of the judicial experience that trial courts are in a better position to decide the question of credibility, having heard the witnesses themselves and having observed firsthand their deportment and manner of testifying under gruelling examination. [39] Thus, in Estioca v. People, [40] we held: In resolving issues pertaining to the credibility of the witnesses, this Court is guided by the following principles: (1) the reviewing court will not disturb the findings of the lower courts, unless there is a showing that it overlooked or misapplied some fact or circumstance of weight and substance that may affect the result of the case; (2) the findings of the trial court on the credibility of witnesses are entitled to great respect and even finality, as it had the opportunity to examine their demeanour when they testified on the witness stand; and (3) a witness who testifies in a clear, positive and convincing manner is a credible witness. [41] | |||||
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2010-12-14 |
ABAD, J. |
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| Indeed, alibi cannot be sustained where it is not only without credible corroboration, but also where it does not, on its face, demonstrate the physical impossibility of the accused's presence at the place and time of the commission of the crime.[139] Against positive evidence, alibi becomes most unsatisfactory. Alibi cannot prevail over the positive identification of a credible witness.[140] Appellant Webb was placed at the crime scene by Alfaro who positively identified him as the one (1) who plotted and committed the rape of Carmela, and later fatally stabbed her, her mother and sister, aided by or in concert with Lejano and Ventura. Gaviola and Cabanacan gave corroborating testimonies that appellant Webb was here in the country, as he was just in his house at BF Homes Subdivision Phase III, at least a few weeks prior to and on June 29 to 30, 1991. | |||||
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2008-10-17 |
VELASCO JR., J. |
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| The appellate court should not have deleted the award of moral damages. In murder cases, the heirs of the victim should be automatically indemnified in the amount of PhP 50,000 as moral damages. No proof is necessary since the emotional and mental suffering of the heirs is apparent.[16] | |||||