This case has been cited 4 times or more.
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2008-03-31 |
VELASCO JR., J. |
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| The trial court correctly rejected accused-appellant's self-serving and unsubstantiated pretense that BBB, AAA's mother, harbored ill feelings towards him. We agree with the CA's holding that he failed to substantiate his claim of ill motive on the part of BBB, as it is unnatural for a mother to use her offspring as a tool of malice, especially if it would subject her daughter to embarrassment and even stigma.[16] Indeed, no mother would sacrifice her own daughter. | |||||
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2001-11-20 |
QUISUMBING, J. |
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| Coming now to the testimony of Mary Cyndel Marcelo, appellant suggests that her testimony is too fluid and precise, signifying that it had been memorized and rehearsed. A close perusal of Mary Cyndel's testimony reveals, however, that it was spontaneous, candid and straightforward. Mary Cyndel was only four years old then, so innocent that she did not even know the word for a man and woman's private parts. Such testimony is generally given much weight and cannot be easily disregarded by appellant's mere denial.[26] Note that Mary Cyndel testified with only her younger sister by her side. Her mother and other relatives were asked by the court to leave the trial room. Notwithstanding the intimidating situation wherein a young witness is confronted and scrutinized by a judge and rigidly cross examined by the defense counsel, Mary Cyndel remained steadfast in her narration. Her consistency is a strong indication that her narration was not fabricated. At such a tender age, Mary Cyndel could hardly be expected to weave with uncanny recollection such a complicated tale as the sexual assault unconscionably perpetrated against her and her sister by their own father.[27] It is unfortunate that despite the weighty and trustworthy testimony of Mary Cyndel, appellant was acquitted of the charge of rape he committed against her on the sole basis that the doctor did not find any laceration in her private parts, and that his medical report indicated her hymen was intact. The trial court apparently missed our ruling in People vs. Palicte[28]and People vs. Castro[29]that the mere fact that the hymen remained intact is no proof that rape was not committed.[30] | |||||
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2000-06-20 |
MENDOZA, J. |
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| Indeed, accused-appellant points to the inconsistency in the testimonies of Josephine and her brother, Jessie, but his counsel never cross-examined Jessie nor required him to explain the supposed inconsistencies. In any event, we cannot consider the same as sufficient to justify disregarding Josephine's testimony altogether and sustain accused-appellant's claims. Well-settled is the rule that "inconsistencies on minor details of the testimony of a witness serve to strengthen his credibility as they are badges of truth rather than an indicia of falsehood."[25] In People v. Arafiles,[26] we held:We have ruled that the protracted examination of a young girl, not accustomed to public trial, could produce contradictions which nevertheless would not destroy her credibility. Paradoxically, they may be badges of spontaneity, indicating that the witness was unrehearsed. . . | |||||