This case has been cited 3 times or more.
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2015-02-25 |
BERSAMIN, J. |
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| With the State not having established AAA's minority with absolute certainty, the Court rules out qualified rape as the crime committed by Gallano. We reiterate that in the prosecution of rape in its qualified form, the victim's minority must be averred and established "with equal certainty and clearness as the crime itself."[50] As a consequence, Gallano committed only simple rape, thus precluding the application of R.A. No. 9346. Pursuant to Article 266-A of the Revised Penal Code, the proper penalty is reclusion perpetua. | |||||
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2010-09-27 |
VILLARAMA, JR., J. |
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| The combination of these circumstances establishes beyond moral certainty that AAA was raped while she was in a state of unconsciousness and that appellant was the one responsible for defiling her. These circumstances constitute an unbroken chain of events which inevitably points to appellant, to the exclusion of all others, as the guilty person, i.e., they are consistent with each other, consistent with the hypothesis that appellant is guilty of the rape that occurred on January 6, 1997 and at the same time inconsistent with any other hypothesis.[22] | |||||
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2004-04-14 |
AUSTRIA-MARTINEZ, J. |
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| It is doctrinally settled that the assessment of the credibility of a witness is a function that is best discharged by the trial judge whose conclusion thereon is accorded much weight and respect that will not be disturbed on appeal unless a material or substantial fact has been overlooked or misappreciated which if properly taken into account could alter the outcome of the case.[24] | |||||