This case has been cited 1 times or more.
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2002-05-29 |
PUNO, J. |
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| The accused's attempt to destroy Arsona's credibility is futile in light of the well-settled doctrine that the trial court's assessment of the testimony and credibility of the witness is accorded the highest respect. It is the trial court which has direct opportunity to observe the demeanor of a witness on the stand and determine the truthfulness of her statements. Absent any showing that the assessment of the trial court is tainted with arbitrariness or that the trial court has overlooked, misappreciated, or misunderstood some facts or circumstances of weight and substance which can affect the outcome of the case, the Court will not disturb the trial court's findings.[23] It is worthy to note that the trial court found that Arsona testified with candor, clarity and youthful innocence and she did not waver upon the intense cross-examination by the defense counsel.[24] It is not outside the realm of possibilities that the accused thrice raped his daughter at intervals of about a year. Whatever may have been the reason for the accused not to take advantage of or create other opportunities to sexually assault his daughter, that matter is irrelevant to the cases at bar. What matters is that it has been proven that the accused raped Arsona in the three instances she testified. | |||||