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PEOPLE v. EDMUNDO VITERO

This case has been cited 10 times or more.

2015-02-09
DEL CASTILLO, J.
Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this judgment until fully paid.[51]
2015-01-21
LEONEN, J.
Jurisprudence holds that "the findings of the trial court, its calibration of the testimonies of the witnesses, and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded respect if not conclusive effect."[73]
2014-07-09
PEREZ, J.
Both the CA and the trial court have exhaustively discussed the merits of the case at bench and concur on their findings and conclusions. In this connection, it bears repeating that factual findings of the trial court, when affirmed by the CA, are generally binding and conclusive upon the Supreme Court.[8] The rule is that, the findings of the trial court, its calibration of the testimonies of the witnesses, and its assessment of the probative weight thereof, as well as its conclusions anchored on such findings are accorded respect, if not, conclusive effect. This specially holds true if such findings were affirmed by the appellate court. When the trial court's findings have been affirmed by the appellate court, as in the case at bar, said findings are generally binding upon us. We find no compelling reason in this case to depart from the general rule.[9]
2014-06-16
REYES, J.
Settled is the doctrine that the findings of the trial court, its calibration of witnesses, and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded respect if not conclusive effect.  This is truer if such findings were affirmed by the appellate court, in which case, as in the case at bar, said findings are generally binding upon us.[21]
2014-04-02
REYES, J.
At the outset, the Court reiterates the settled rule that "the findings of the trial court, its calibration of the testimonies of the witnesses, and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded respect if not conclusive effect. This is truer if such findings were affirmed by the appellate court. When the trial court's findings have been affirmed by the appellate court, x x x, said findings are generally binding upon us[,]"[19] save in settled exceptions such as: (1) when the inference made is manifestly mistaken, absurd or impossible; (2) when there is grave abuse of discretion; (3) when the findings are grounded entirely on speculations, surmises or conjectures; (4) when the judgment of the CA is based on misapprehension of facts; (5) when the CA, in making its findings, went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee; (6) when the findings of fact are conclusions without citation of specific evidence on which they are based; (7) when the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; and (8) when the findings of fact of the CA are premised on the absence of evidence and are contradicted by the evidence on record.[20] Upon review, the Court has determined that the present case does not fall under any of these exceptions. We find no cogent reason to deviate from the factual findings, and consequent rulings, of the trial and appellate courts.
2014-03-26
LEONARDO-DE CASTRO, J.
As for the monetary awards, we affirm the award of civil indemnity and moral damages, each in the amount of P75,000.00; but increases the award of exemplary damages from P25,000.00 to P30,000.00. We further subject the indemnity and damages thus awarded to interest at the rate of 6% per annum from the date of finality of this judgment until fully paid, in line with prevailing jurisprudence.[35]
2014-02-19
LEONARDO-DE CASTRO, J.
Thus, in view of the foregoing, we affirm the penalty imposed by the Court of Appeals which was reclusion perpetua for each conviction of simple rape.  The award of moral damages in the amount P50,000.00 is likewise upheld. However, the award of civil indemnity should be reduced from P75,000.00 to P50,000.00 in line with jurisprudence.[32] For the same reason, the award of exemplary damages should be increased from P25,000.00 to P30,000.00.[33]  Moreover, the amounts of damages thus awarded are subject further to interest of 6% per annum from the date of finality of this judgment until they are fully paid.[34]
2013-12-11
LEONARDO-DE CASTRO, J.
In view of the foregoing, we therefore affirm the conviction of appellant for simple rape with a penalty of reclusion perpetua. The award of P50,000.00 as civil indemnity as well as P50,000.00 as moral damages is upheld. However, the award of exemplary damages is increased from P25,000.00 to P30,000.00 in line with jurisprudence.[30] Moreover, the amounts of damages thus awarded are subject further to interest of 6% per annum from the date of finality of this judgment until they are fully paid.[31]
2013-10-23
LEONARDO-DE CASTRO, J.
Furthermore, we have reiterated that, in incestuous rape cases, the father's abuse of the moral ascendancy and influence over his daughter can subjugate the latter's will thereby forcing her to do whatever he wants.[19]  In other words, in an incestuous rape of a minor, actual force or intimidation need not be employed where the overpowering moral influence of the father would suffice.[20]
2013-07-24
PEREZ, J.
The significance of raising the crime charged from simple rape to qualified rape relates to the award of damages.  Since the crime of rape is perpetrated with a qualifying circumstance which required the imposition of the death penalty, the civil indemnity and moral damages for the victim shall be increased to P75,000.00 each.[28]  Also, the award of exemplary damages in the amount of P30,000.00 is in order.[29]