This case has been cited 8 times or more.
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2011-01-12 |
VELASCO JR., J. |
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| Thus, this Court finds no reason to disturb the findings of the trial court when it gave credence to the testimony of the prosecution witnesses. It is well-entrenched in our jurisprudence "x x x that the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses first hand and note their demeanor, conduct and attitude under grilling examination."[24] This rule is even more binding and conclusive when affirmed by the appellate court.[25] | |||||
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2010-12-13 |
MENDOZA, J. |
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| It is a well-entrenched doctrine that the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses first hand and note their demeanor, conduct and attitude under grilling examination.[8] The trial court has the singular opportunity to observe the witnesses "through the different indicators of truthfulness or falsehood, such as the angry flush of an insisted assertion or the sudden pallor of a discovered lie or the tremulous mutter of a reluctant answer or the forthright tone of a ready reply; or the furtive glance, the blush of conscious shame, the hesitation, the sincere or the flippant or sneering tone, the heat, the calmness, the yawn, the sign, the candor or lack of it, the scant or full realization of the solemnity of an oath, the carriage and mien."[9] | |||||
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2010-06-29 |
VELASCO JR., J. |
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| It is a well-entrenched doctrine that the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses first hand and note their demeanor, conduct and attitude under grilling examination.[37] The trial court has the singular opportunity to observe the witnesses "through the different indicators of truthfulness or falsehood, such as the angry flush of an insisted assertion or the sudden pallor of a discovered lie or the tremulous mutter of a reluctant answer or the forthright tone of a ready reply; or the furtive glance, the blush of conscious shame, the hesitation, the sincere or the flippant or sneering tone, the heat, the calmness, the yawn, the sign, the candor or lack of it, the scant or full realization of the solemnity of an oath, the carriage and mien."[38] | |||||
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2009-10-05 |
VELASCO JR., J. |
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| The unyielding rule has been that the trial court's evaluation of the credibility of witnesses and their testimonies is deserving of the highest respect because of its unique opportunity to observe the witnesses firsthand and note their demeanor, conduct, and attitude under grilling examination.[14] Such assessment binds the Court except when the assessment was reached arbitrarily or when the trial court overlooked, misunderstood, or misapplied some facts or circumstances of weight and substance which could have affected the results of the case.[15] None of these exceptions exists in this case. | |||||
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2009-06-05 |
VELASCO JR., J. |
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| The Court finds no reason to deviate from the time-honored doctrine that the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand and note their demeanor, conduct, and attitude under grilling examination.[10] Moreover, the issue on which witness to believe is one that is best addressed by the trial court, for the findings of fact of a trial judge are accorded great respect and are seldom disturbed on appeal for having the opportunity to directly observe the witnesses, and to determine by their demeanor on the stand the probative value of their testimonies.[11] | |||||
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2004-06-16 |
QUISUMBING, J. |
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| It is well-settled in jurisprudence that the factors that should be taken into account in determining the compensable amount of lost earnings are: (1) the number of years for which the victim would otherwise have lived; and (2) the rate of loss sustained by the heirs of the deceased. Jurisprudence provides that the first factor, i.e., life expectancy, is computed by applying the formula (2/3 x [80 - age at death]) adopted in the American Expectancy Table of Mortality or the Actuarial Combined Experience Table of Mortality. As to the second factor, it is computed by multiplying the life expectancy by the net earnings of the deceased, i.e., the total earnings less expenses necessary in the creation of such earnings or income and less living and other incidental expenses. The net earning is ordinarily computed at fifty percent (50%) of the gross earnings.[24] Thus, the formula used by this Court in computing loss of earning capacity is: Net Earning Capacity = [2/3 x (80 age at time of death) x (gross annual income reasonable and necessary living expenses)].[25] | |||||
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2004-01-15 |
AUSTRIA-MARTINEZ, J. |
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| Nonetheless, Aradillos must be answerable for the injuries he inflicted on Gloria. He cannot hide behind the defense of accident to escape the consequences of his act. Under Article 12, paragraph 4 of the Revised Penal Code, a person, who while performing a lawful act with due care, causes an injury by accident without fault or intention of causing it, is exempt from criminal liability.[58] It cannot be said that Aradillos was performing a lawful act when he struggled with Gloria for the ax as the latter's act of taking hold of the ax was equivocal, and it cannot be deduced therefrom that he was under the threat of an unlawful aggression from her. The defense of accident, therefore, cannot exempt Aradillos from liability. | |||||
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2002-08-29 |
YNARES-SANTIAGO, J. |
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| The justifying circumstance of self-defense or defense of stranger, like alibi, is a defense which can easily be fabricated.[12] Hence, it is inherently weak, and in order that it may be successfully invoked, accused-appellant must prove the following | |||||