This case has been cited 3 times or more.
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2011-06-08 |
PERALTA, J. |
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| The crime of kidnapping was proven beyond reasonable doubt by the prosecution. Appellants Lando and Al, both private individuals, forcibly took AAA, a female, away from the house of the Estrellas and held her captive against her will. Thereafter, appellant Lando brought AAA to his house in San Miguel Tarlac, whereby she was deprived of her liberty for almost one month. It is settled that the crime of serious illegal detention consists not only of placing a person in an enclosure, but also in detaining him or depriving him in any manner of his liberty. [41] For there to be kidnapping, it is enough that the victim is restrained from going home. [42] Its essence is the actual deprivation of the victim's liberty, coupled with indubitable proof of the intent of the accused to effect such deprivation. [43] Although AAA was not confined in an enclosure, she was restrained and deprived of her liberty, because every time appellant Lando and his wife went out of the house, they brought AAA with them. The foregoing only shows that AAA was constantly guarded by appellant Lando and his family. | |||||
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2010-02-04 |
PERALTA, J. |
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| In the case at bar, Sajiron and Maron, who are private individuals, forcibly took and dragged AAA, a minor, to the forest and held her captive against her will. The crime of serious illegal detention consists not only of placing a person in an enclosure, but also of detaining him or depriving him in any manner of his liberty.[36] For there to be kidnapping, it is enough that the victim is restrained from going home.[37] Its essence is the actual deprivation of the victim's liberty, coupled with indubitable proof of the intent of the accused to effect such deprivation.[38] In the present case, although AAA was not actually confined in an enclosed place, she was clearly restrained and deprived of her liberty, because she was tied up and her mouth stuffed with a piece of cloth, thus, making it very easy to physically drag her to the forest away from her home. | |||||
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2008-04-18 |
CARPIO MORALES, J. |
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| The value of the opinion of a handwriting expert depends not upon his mere statements of whether a writing is genuine or false, but upon the assistance he may afford in pointing out distinguishing marks, characteristics and discrepancies in and between genuine and false specimens of writing which would ordinarily escape notice or detection from an unpracticed observer.[53] While differences exist between Gaudencio's signatures appearing on Exhibits "3"-"3-D" and his signatures appearing on the affidavits accompanying the pleadings in this case,[54] the gap of more than 30 years from the time he affixed his signatures on the questioned document to the time he affixed his signatures on the pleadings in the case could explain the difference. Thus Espina observed: x x x x | |||||