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MONINA PUCAY v. PEOPLE

This case has been cited 5 times or more.

2012-09-13
VILLARAMA, JR., J.
Maximum period - 6 years, 8 months and 21 days to 8 years.[33]
2011-06-01
NACHURA, J.
Court is not a trier of facts. Basic is the rule that factual findings of trial courts, including their assessment of the witnesses' credibility, are entitled to great weight and respect by this Court, particularly when the CA affirms the findings. [15] It is true that the rule admits of several exceptions,[16] but none of the recognized exceptions is present in the case at bar.
2008-06-18
TINGA, J,
As a general rule, the findings of the trial court relative to the credibility of the rape victim are normally respected and not disturbed on appeal. More so, if they are affirmed by the appellate court. [23] It is only in exceptional circumstances that this rule is brushed aside, such as when the court's evaluation was reached arbitrarily, or when the trial court overlooked, misunderstood or misapplied certain facts or circumstances of weight and substance which could affect the result of the case.[24] The Court does not find any of these exceptions in the case at bar.
2008-04-10
TINGA, J,
Prefatorily, factual findings of the trial courts, including their assessment of the witness' credibility are entitled to great weight and respect by this Court, particularly when the Court of Appeals affirm the findings.[18]  Indeed, the trial court is in the best position to assess the credibility of witnesses since it has observed firsthand their demeanor, conduct and attitude under grilling examination.[19]  After a review of the records of this case, we find no cogent reason to disregard this time-honored principle.
2008-03-14
NACHURA, J.
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos; and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed and for the purpose of the other provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be. Under the Indeterminate Sentence Law,[29] the maximum term of the penalty shall be "that which in view of the attending circumstances, could be properly imposed" under the RPC and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense.[30]