This case has been cited 5 times or more.
|
2015-04-20 |
PERLAS-BERNABE, J. |
||||
| At the outset, it must be stressed that in criminal cases, an appeal throws the entire case wide open for review and the reviewing tribunal can correct errors, though unassigned in the appealed judgment, or even reverse the trial court's decision based on grounds other than those that the parties raised as errors.[19] The appeal confers upon the appellate court full jurisdiction over the case and renders such court competent to examine records, revise the judgment appealed from, increase the penalty, and cite the proper provision of the penal law.[20] Proceeding from the foregoing, the Court deems it appropriate to modify accused-appellants' conviction from Simple Rape to Qualified Rape, as will be explained hereunder. | |||||
|
2008-11-14 |
QUISUMBING, J. |
||||
| As regards petitioner's civil liability, this Court has previously ruled that an accused may be held civilly liable where the facts established by the evidence so warrant.[43] The rationale for this is simple. The criminal and civil liabilities of an accused are separate and distinct from each other. One is meant to punish the offender while the other is intended to repair the damage suffered by the aggrieved party. So, for the purpose of indemnifying the latter, the offense need not be proved beyond reasonable doubt but only by preponderance of evidence.[44] | |||||
|
2007-03-16 |
CORONA, J. |
||||
| When the obligation is breached, and it consists in the payment of a sum of money, i.e., a loan or forbearance of money, the interest due should be that which may have been stipulated in writing. Furthermore, the interest due shall itself earn legal interest from the time it is judicially demanded. In the absence of stipulation, the rate of interest shall be 12% per annum to be computed from default, i.e., from judicial or extrajudicial demand under and subject to the provisions of Article 1169 of the Civil Code.[41] | |||||
|
2006-03-14 |
TINGA, J. |
||||
| The law presumes that an accused in a criminal prosecution is innocent until the contrary is proved. This basic constitutional principle is fleshed out by procedural rules which place on the prosecution the burden of proving that an accused is guilty of the offense charged by proof beyond reasonable doubt. Whether the degree of proof has been met is largely left for the trial courts to determine. However, an appeal throws the whole case open for review [13] such that the Court may, and generally does, look into the entire records if only to ensure that no fact of weight or substance has been overlooked, misapprehended, or misapplied by the trial court. | |||||
|
2006-02-06 |
GARCIA, J. |
||||
| Basic in this jurisdiction is the doctrine that in criminal cases, an appeal throws the whole case wide open for review. Issues, whether raised or not by the parties, may be resolved by the appellate court.[6] The Court is duty-bound to look into the validity of the factual and legal basis relied upon by the two (2) courts below in convicting petitioner in this case. | |||||