This case has been cited 4 times or more.
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2010-01-06 |
LEONARDO-DE CASTRO, J. |
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| By well-entrenched jurisprudence, the issue of credibility of witnesses is "a question best addressed to the province of the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying which opportunity is denied to the appellate courts" and "[a]bsent any substantial reason which would justify the reversal of the trial court's assessments and conclusions, the reviewing court is generally bound by the former's findings, particularly when no significant facts and circumstances are shown to have been overlooked or disregarded which when considered would have affected the outcome of the case."[26] In People v. Santos,[27] this policy has been emphasized as follows: We stress the well-settled doctrine that the lower court's assessment of the credibility of a witness is accorded great respect owing to its direct opportunity to observe the latter's demeanor during trial. In People v. Ayuda, we held: | |||||
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2004-07-07 |
PER CURIAM |
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| We sustain the trial court's award to the victim's heirs of the sum of P100,000.00 as civil indemnity, P50,000.00 for rape and P50,000.00 for the death of the victim. This is in line with our recent ruling in People vs. Manguera.[18] In addition, they are entitled to moral damages of P75,000.00 without need of pleading or proof of the basis thereof since the anguish and pain they endured are evident.[19] | |||||
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2004-06-23 |
PER CURIAM |
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| when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. x x x." (Underscoring ours) The amendatory provisions introduced in R.A. 7659 classify rape as either simple or qualified. It is qualified when any of the qualifying/aggravating circumstances enumerated therein which attended the commission of the crime as for instance the victim is below 18 years of age and the offender is a parent is alleged in the Information and proven during trial.[13] The prescribed penalty for qualified rape is death. | |||||
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2004-06-03 |
PER CURIAM |
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| When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. x x x." (Underscoring ours) The above provisions of the amendatory law classify rape as either simple or qualified. It is qualified when any of the qualifying/aggravating circumstances which attended the commission of the crime as when the victim is below 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree is alleged in the Information and proven during trial.[34] A finding of qualified rape raises the penalty to death. | |||||