This case has been cited 3 times or more.
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2015-08-05 |
PEREZ, J. |
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| Notably, the trial court, which was in the best position to observe the candor and demeanor of the witnesses, gave full credence to Betty's and Rosebert's testimonies. "On this point, the Court has consistently abided by the rule that the trial court is in a better position to adjudge the credibility of witnesses, especially if its decision is affirmed by the [Court of Appeals], unless there is a showing that it had overlooked, misunderstood or misapplied some fact[s] or circumstance[s] of weight and substance that would have affected the result of the case. The Court finds no reason to depart from the assessment of the RTC, as affirmed by the [Court of Appeals], as this is supported by the records of the case.[36] | |||||
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2014-10-08 |
BERSAMIN, J. |
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| Under Article 2211 of the Civil Code, the courts are vested with the discretion to impose interest as a part of the damages in crimes and quasi-delicts. In that regard, the moral damages of P20,000.00 shall earn interest of 6% per annum reckoned from the finality of this decision until full payment.[40] | |||||
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2014-07-23 |
LEONARDO-DE CASTRO, J. |
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| Article 61, paragraph 2 of the Revised Penal Code provides that the penalty of frustrated murder is one degree lower than reclusion perpetua to death, which is reclusion temporal. Reclusion temporal has a range of twelve (12) years and one (1) day to twenty (20) years. There being no modifying circumstance in the commission of the frustrated murder and applying the Indeterminate Sentence Law, the maximum of the indeterminate penalty should be taken from reclusion temporal in its medium period, and the minimum of the indeterminate penalty shall be taken from the full range of prision mayor, which is one degree lower than reclusion temporal, ranging from six (6) years and one (1) day to twelve (12) years.[62] Since the RTC imposed the minimum term of 8 years and 1 day of prision mayor, which is correctly within the range of prision mayor under the Revised Penal Code, the Court will no longer disturb the minimum term fixed. However, the maximum term must be taken from reclusion temporal in its medium period, or fourteen (14) years, eight (8) months and one (1) day to seventeen (17) years and four (4) months. | |||||