This case has been cited 2 times or more.
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2011-06-08 |
PERALTA, J. |
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| The aggravating circumstance of superior strength cannot be separately appreciated because it is absorbed by treachery. [36] | |||||
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2009-11-25 |
NACHURA, J. |
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| The findings of the trial court on the credibility of witnesses are accorded great weight and respect - even considered as conclusive and binding on this Court[27] - since the trial judge had the unique opportunity to observe the witness firsthand and note his demeanor, conduct and attitude under grueling examination.[28] Only the trial judge can observe the furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh of a witness, or his scant or full realization of an oath - all of which are useful aids for an accurate determination of a witness' honesty and sincerity.[29] He can thus be expected to determine with reasonable discretion which testimony is acceptable and which witness is worthy of belief.[30] | |||||