This case has been cited 4 times or more.
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2010-07-05 |
VELASCO JR., J. |
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| The absence of bruises and contusions does not negate the commission of rape. As held in People v. Dado:[43] | |||||
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2001-03-01 |
BELLOSILLO, J. |
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| The trial court in its assailed Decision ruled that it found "Messeah's testimony of her harrowing experience, although not absolutely consistent in all their details, to be still credible and thus entitled to full faith and credit."[11] And we agree with the trial court in this regard. In People v. Dado[12] the Court held that "assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect. In determining the credulity of testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by the witness in open court. Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation."[13] | |||||
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2001-01-31 |
BELLOSILLO, J. |
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| After careful examination of the records, we find accused-appellant Rene Delamar y Gustilo guilty as charged. As held in People v. Dado,[9] assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect. In determining the credulity of a testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by, the witness in open court. Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation.[10] Thus, the trial court stated in unequivocal language - | |||||
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2000-07-05 |
YNARES-SANTIAGO, J. |
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| Appellant further contends that he could not have possibly raped the victim because the place where the crime occurred is small and there were at least 20 persons therein. Against such contention, however, the Court had consistently ruled that rape can be committed even in places where people congregate, in parks along the roadside, in school premises, in a house where there are other occupants,[14] in the same room where other members of the family are also sleeping[15] and even in places which to many would appear unlikely and high-risk venues for its commission.[16] There is no rule that rape can be committed only in seclusion.[17] | |||||