This case has been cited 5 times or more.
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2014-07-23 |
PERLAS-BERNABE, J. |
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| The foregoing notwithstanding, the Court is, however, constrained to modify the ruling of the RTC and the CA, as the crime the accused- appellants have committed does not, as the records obviously bear, merely constitute Kidnapping and Serious Illegal Detention, but that of the special complex crime of Kidnapping for Ransom with Homicide. This is in view of the victim?s (i.e., Edwin's) death, which was (a) specifically charged in the Information, [30] and (b) clearly established during the trial of this case. Notably, while this matter was not among the issues raised before the Court, the same should nonetheless be considered in accordance with the settled rule that in a criminal case, an appeal, as in this case, throws open the entire case wide open for review, and the appellate court can correct errors, though unassigned, that may be found in the appealed judgment.[31] | |||||
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2011-11-23 |
LEONARDO-DE CASTRO, J. |
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| Positive identification of a culprit is of great weight in determining whether an accused is guilty or not.[51] Gemma, in claiming the defense of mistaken identity, is in reality denying her involvement in the crime. This Court has held that the defense of denial is insipid and weak as it is easy to fabricate and difficult to prove; thus, it cannot take precedence over the positive testimony of the offended party.[52] The defense of denial is unavailing when placed astride the undisputed fact that there was positive identification of the accused.[53] | |||||
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2009-07-31 |
QUISUMBING, J. |
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| Fifth, we are not persuaded by the appellants' claim that the prosecution failed to prove corpus delicti. Corpus delicti refers to the fact that a crime has been actually committed. It does not refer to the autopsy report evidencing the nature of the wounds sustained by the victim nor the testimony of the physician who conducted the autopsy or medical examination. It is made up of two elements: (a) that a certain result has been proved and (b) that some person is criminally responsible for the act. While the autopsy report of a medico legal expert in cases of murder is preferably accepted to show the extent of injuries suffered by the victim, it is not the only competent evidence to prove the injuries and the fact of death. It may be proved by the testimonies of credible witnesses.[28] | |||||
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2008-10-17 |
CARPIO MORALES, J. |
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| It bears noting that the trial court credited the respective accounts of the incident by eyewitnesses Refuerzo, Cargo and Parado, who, by the way, also mauled petitioner by his claim, albeit there is no allegation of any resulting injury to petitioner had been made; and that some witnesses who, by the way, positively identified petitioner as the perpetrator. The assessment of the credibility of a witness being a function that is best discharged by the trial judge, his conclusion thereon is accorded much weight and respect, and unless a material or substantial fact has been overlooked or misappreciated which if properly taken into account could alter the outcome of the case,[19] it is not disturbed on appeal, as it was not by the appellate court in the present case. | |||||
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2007-04-13 |
CORONA, J. |
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| Witnesses testifying on the same event do not have to be consistent in each and every detail. Differences in the recollection of the event are inevitable and inconsequential variances are commonly regarded as signs of truth instead of falsehood. Inconsistencies in the testimonies of prosecution witnesses with respect to minor details and collateral matters do not affect either the substance of their declaration, their veracity or the weight of their testimony.[22] In fact, such minor flaws may even enhance the worth of a testimony for they guard against memorized falsities.[23] | |||||