This case has been cited 3 times or more.
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2003-12-11 |
CARPIO, J. |
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| By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the victim's testimony because usually only the participants can testify as to its occurrence.[6] To exculpate himself, appellant tries to discredit and assail Elma Luna's credibility. However, he does not point to any particular portion of Elma Luna's testimony or any other prosecution evidence which casts doubt on his guilt or evinces the improbability of the commission of the crime charged. The only conclusion is that Elma Luna's credibility is beyond dispute and her testimony is worthy of full faith and credence. Elma Luna recounted her ordeal in the hands of appellant in a straightforward, candid and firm manner thus: Q: On the evening of October 29, 1998, do you remember having invited (sic) by your stepfather to go with your brother Elvimar to go fishing? A: Yes, sir. | |||||
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2000-11-20 |
BELLOSILLO, J. |
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| Accused-appellant fails to persuade. By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that usually only the participants can testify as to its occurrence.[6] We recall Adora Balce's narrations that she was awakened at about nine o'clock in the evening of 1 March 1994 when she felt somebody holding her hands and then covering her mouth with his hand. She was ordered to remain silent otherwise somebody would be in trouble. At that time, their house was dark but she recognized the voice to be that of accused-appellant. | |||||
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2000-10-30 |
YNARES-SANTIAGO, J. |
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| clear, positive, convincing, and otherwise consistent with human nature and the normal course of things. Mere accusation is not enough to convict.[13] Haidie's testimony against accused-appellant is lacking in detail. There is nothing on record to show how the alleged rape took place. There is not even the slightest hint as to how accused-appellant approached her, what time of day the rape occurred, whether or not he | |||||