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PEOPLE v. JOHNNY VIAJEDOR

This case has been cited 6 times or more.

	GR No. 177742 2008-12-17	PEOPLE v. JOSELITO A. LOPIT LEONARDO-DE CASTRO, J.
Finally, the award of exemplary damages in the amount of P25,000.00 is in order. Exemplary damages may be awarded in criminal cases as part of civil liability if the crime was committed with one or more aggravating circumstances. Relationship as an alternative circumstance under Article 15 of the Revised Penal Code is considered aggravating in the crime of rape. In this case, victim AAA was raped by her own father. Accused-appellant admitted the allegation of such relationship in his direct testimony. Hence, complainant is entitled to the award of exemplary damages in the amount of P25,000.00 in order to deter fathers with perverse tendencies and aberrant sexual behavior from preying upon their young daughters.[29]
	GR No. 171164 2008-11-28	PEOPLE v. NASARIO CASTEL REYES, R.T., J.
Appellant's argument that he was being framed by BBB and CCC because of family conflicts is a flimsy excuse. It is highly improbable that AAA would accuse appellant, her own father at that, of so serious a crime as rape, if it were not the truth. In any case, revenge or feud has never swayed this Court from giving full credence to the testimony of a complainant for rape, especially a minor, who remained steadfast in her testimony that she was raped.[93]
	GR No. 168166 2008-10-10	PEOPLE v. SALVADOR C. DACO LEONARDO-DE CASTRO, J.
Accused-appellant claimed that his daughter charged him with rape out of resentment and a desire to exact revenge because in a fit of anger, he threw a cooked cassava which hit her at her head in the presence of his grandchildren. As we have ruled before, this is a lame and flimsy defense which is unworthy of belief. Parental punishment is not enough reason for a daughter to falsely accuse her father of rape. It takes depravity for a young girl to concoct a story which would put her own father on death row and drag herself and the rest of her family to a lifetime of shame. Mere disciplinary chastisement is not strong enough to make daughters in a Filipino family invent a charge that would only bring shame and humiliation upon them and their own family and make them the object of gossip in the community.[25] The victim's credible testimony is unshaken by accused-appellant's claim that his daughter was motivated by ill will in accusing her own father. In People v. Cariñaga,[26] we observed that not a few persons convicted of rape had attributed the charges against them to family feuds, resentment, or revenge. And in People s. Viajedor,[27] we held that family resentment, revenge or feud has never swayed the Court from giving full credence to the testimony of a complainant for rape, especially a minor who remained steadfast in her testimony, throughout the direct and cross-examinations, that she was sexually abused.
	GR No. 130586 2004-01-29	PEOPLE v. FRANCISCO BLANCAFLOR AUSTRIA-MARTINEZ, J.
assailed decision or affect the result of the case.[14] We find nothing on record that would compel us to deviate from such well-entrenched rule or to overturn the trial court's assessment of the credibility of Mylene. Appellant's contention that Mylene's testimony that she was raped should not be trusted because there are no signs whatsoever that she put up any resistance, is untenable. In People vs. Rodriguez,[15] we held that it would be plain fallacy to
	GR No. 141766 2003-11-18	PEOPLE v. ROGER OSPIG AZCUNA, J.
Moreover, the trial court's finding on the credibility of witnesses carry great weight and respect and will be sustained by the appellate courts unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. [31] We have carefully reviewed the records of this case and found no reason to disturb the findings of the trial court.
	GR Nos. 147650-52 2003-10-16	PEOPLE v. RODOLFO S. PEPITO PER CURIAM
Further, appellant's imputation of ill motive on his sister Jocelyn Bueno is an act of utter futility. That his sister who has a long standing animosity toward him allegedly fabricated the rape charges thus making false Jelyn's accusations, is his futile attempt at exculpation. This shows his despair for a credible defense. Family resentment, revenge or feud has never swayed this Court from giving full credence to the testimony of a complainant for rape,[36] especially a minor like Jelyn, who remained steadfast in her testimony that she was repeatedly sexually abused. All told, the trial court observed that the testimony of Jelyn was given in a convincing manner and duly corroborated by the events which followed after she was raped. We see no reason to depart from these findings.