This case has been cited 3 times or more.
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2009-04-16 |
CHICO-NAZARIO, J. |
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| A litany of cases echoes the rule that great respect for the findings of the trial court on the credibility of witnesses and their testimonies is accorded. Assessing credibility of witnesses is the domain of the trial court, which has observed the deportment of the witnesses as they testified. The findings of fact of a trial court, arrived at only after a hearing and an evaluation of what can be usually expected to be conflicting testimonies of witnesses, certainly deserve respect from an appellate court.[28] And as correctly found by the trial court, private complainant's version of sexual violence upon her by accused-appellant is more credible and sounds more real, because it is more in accord with human experience, unlike accused-appellant's sweetheart theory. The Court of Appeals further affirmed the findings of the RTC. In this regard, it is settled that when the trial court's findings have been affirmed by the appellate court, said findings are generally conclusive and binding upon this Court. We find no compelling reason to deviate from their findings. | |||||
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2007-09-25 |
CARPIO, J. |
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| The Court of Appeals correctly ruled that the law does not impose on the rape victim the burden of proving resistance.[9] In rape, the force and intimidation must be viewed in the light of the victim's perception and judgment at the time of the commission of the crime.[10] Not all rape victims react the same way.[11] In this case, appellant covered AAA's mouth with his hand preventing the latter from shouting, aside from the fact that AAA has impaired speech. | |||||
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2003-12-01 |
YNARES-SANTIAGO, J. |
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| It has been held in a long line of cases that the findings of the trial court on the credibility of witnesses and their testimonies are accorded great respect. It is the trial judge who sees the behavior and demeanor of the witness in court. The evaluation or assessment made by the trial court acquires greater significance in rape cases because from the nature of the offense, the only evidence that can oftentimes be offered to establish the guilt of the accused is the victim's testimony. It is settled that a person accused of rape can be convicted solely on the testimony of the victim if the trial court finds said testimony to be credible, natural, convincing, and consistent with human nature and the normal course of things.[8] | |||||