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PEOPLE v. AGRIPINO GUEVARRA Y MULINGTAPANG

This case has been cited 5 times or more.

	GR No. 175831 2011-04-12	PEOPLE v. FLORANTE RELANES DEL CASTILLO, J.
Appellant's defense of denial and alibi should be dismissed outright in light of his positive identification by the victim "AAA." It is an established jurisprudential rule that denial and alibi, being negative self-serving defenses, cannot prevail over the affirmative allegations of the victim and her categorical and positive identification of the accused as her assailant.[26] "Denial and alibi must be proved by the accused with clear and convincing evidence otherwise they cannot prevail over the positive testimony of credible witnesses who testify on affirmative matters."[27] The assertion of appellant that he was in Manila on January 9, 2003 does not inspire belief since it remained uncorroborated by clear and convincing evidence that he was really in Manila when the last rape was committed. But what sealed appellant's fate is his plea for forgiveness to his wife, daughter, his parents and members of his family.[28] "Evidently, no one would ask for forgiveness unless he had committed some wrong and a plea for forgiveness may be considered as analogous to an attempt to compromise."[29] Settled is the rule that in criminal cases, except those involving quasi-offenses or those allowed by law to be settled through mutual concessions, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.[30] Under the circumstances obtaining, appellant's plea for forgiveness should be received as an implied admission of guilt.
	GR No. 189301 2010-12-15	PEOPLE v. JOSE PEPITO D. COMBATE VELASCO JR., J.
When death occurs due to a crime, the following may be recovered: (1) civil indemnity ex delicto for the death of the victim; (2) actual or compensatory damages; (3) moral damages; (4) exemplary damages; (5) attorney's fees and expenses of litigation; and (6) interest, in proper cases.[59] In People v. Tubongbanua,[60] interest at the rate of six percent (6%) was ordered to be applied on the award of damages. This rule would be subsequently applied by the Court in several cases such as Mendoza v. People,[61] People v. Buban,[62] People v. Guevarra,[63] and People v. Regalario.[64] Thus, we likewise adopt this rule in the instant case. Interest of six percent (6%) per annum should be imposed on the award of civil indemnity and all damages, i.e., actual or compensatory damages, moral damages and exemplary damages, from the date of finality of judgment until fully paid.
	GR No. 177152 2010-01-06	PEOPLE v. MANUEL BAGOS LEONARDO-DE CASTRO, J.
In line with prevailing jurisprudence, the victim, in a case for simple statutory rape, is entitled to P50,000.00 as civil indemnity, P50,000.00 as moral damages[36] and P25,000.00 as exemplary damages.[37] In addition to the damages awarded, we also impose on all the amounts of damages an interest at the legal rate of 6% from this date until fully paid.[38]
	GR No. 185726 2009-10-16	PEOPLE v. DARWIN BERNABE Y GARCIA LEONARDO-DE CASTRO, J.
WHEREFORE, the appeal is hereby DENIED and the assailed Decision convicting accused-appellant, imposing the penalty of reclusion perpetua without eligibility for parole, is AFFIRMED with the MODIFICATION that the monetary awards to be paid by accused-appellant are as follows: P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages, and P25,000.00 as temperate damages; and interest on all the damages awarded at the legal rate of 6% per annum from this date until fully paid is imposed.[40]
	GR No. 178300 2009-03-17	PEOPLE v. DOMINGO REYES Y PAJE CHICO-NAZARIO, J.
In resolving issues pertaining to the credibility of the witnesses, this Court is guided by the following well-settled principles: (1) the reviewing court will not disturb the findings of the lower court, unless there is a showing that the latter overlooked, misunderstood 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 demeanor when they testified on the witness stand; and (3) a witness who testifies in a clear, positive and convincing manner is a credible witness.[44]