This case has been cited 4 times or more.
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2012-06-13 |
BRION, J. |
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| Before this Court is a petition for review on certiorari,[1] filed by petitioner Dolores T. Esguerra (Esguerra), from the February 7, 2006 decision[2] and the June 2, 2006 resolution[3] of the Court of Appeals (CA) in CA-G.R. SP No. 85012, ruling that Esguerra had been validly dismissed from her employment with respondent Valle Verde Country Club, Inc. (Valle Verde). Valle Verde terminated Esguerra's employment for loss of trust and confidence in the custody of cash sales. | |||||
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2011-10-12 |
BRION, J. |
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| Preliminarily, we note that the lack of direct evidence does not ipso facto bar the finding of guilt against the appellant. As long as the prosecution establishes the appellant's participation in the crime through credible and sufficient circumstantial evidence[18] that leads to the inescapable conclusion that the appellant committed the imputed crime,[19] the latter should be convicted. | |||||
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2011-10-05 |
VILLARAMA, JR., J. |
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| Based on AAA's account, appellant did not undress her completely -- her blouse and bra were merely lifted up ("nililis") while her undergarments were just pulled down, which therefore explains why she still had her clothes on when she crawled to her grandfather's farm. Nonetheless, this matter raised by appellant is a minor detail which had nothing to do with the elements of the crime of rape. Discrepancies referring only to minor details and collateral matters -- not to the central fact of the crime -- do not affect the veracity or detract from the essential credibility of witnesses' declarations, as long as these are coherent and intrinsically believable on the whole.[34]For a discrepancy or inconsistency in the testimony of a witness to serve as a basis for acquittal, it must establish beyond doubt the innocence of the appellant for the crime charged.[35]It cannot be overemphasized that the credibility of a rape victim is not diminished, let alone impaired, by minor inconsistencies in her testimony.[36] | |||||
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2011-03-02 |
VELASCO JR., J. |
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| People v. Villarino held, "In the special complex crime of rape with homicide, the following elements must concur: (1) the appellant had carnal knowledge of a woman; (2) carnal knowledge of a woman was achieved by means of force, threat or intimidation; and (3) by reason or on occasion of such carnal knowledge by means of force, threat or intimidation, the appellant killed a woman."[43] | |||||