This case has been cited 2 times or more.
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2008-12-17 |
TINGA, J. |
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| Under Article 294(1) of the Revised Penal Code, the penalty of reclusion perpetua to death shall be imposed upon any person guilty of robbery with rape. The Court of Appeals correctly appreciated the aggravating circumstance of dwelling. When the crime is committed in the dwelling of the offended party and the latter has not given provocation, dwelling may be appreciated as an aggravating circumstance.[33] Applying Article 63(1) of the Revised Penal Code, the penalty of death is rightfully imposed in Criminal Case No. P-5420. However, pursuant to Republic Act (R.A.) No. 9346,[34] the penalty of death should be commuted to reclusion perpetua with no eligibility for parole. | |||||
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2003-04-24 |
PER CURIAM |
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| That prosecution witness Americo Rejuso, Jr., does not know the names of the abductors is not sufficient to cast doubt on his testimony. It is not necessary that the name of an accused be specifically stated by a witness in an affidavit or in his testimony. Victims of crimes cannot always identify their assailants by name. It is imperative, however, that the attacker be pointed out and unequivocally identified during the trial in court as the same person who committed the crime.[65] We hold that this imperative requirement has been met as to all appellants. | |||||