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PEOPLE v. JOSEPH FABITO

This case has been cited 4 times or more.

2015-07-08
PEREZ, J.
In the case of rape, a review begins with the reality that rape is a very serious accusation that is painful to make; at the same time, it is a charge that is not hard to lay against another by one with malice in her mind. Because of the private nature of the crime that justifies the acceptance of the lone testimony of a credible victim to convict, it is not easy for the accused, although innocent, to disprove his guilt.[24] We are mindful that the lone testimony of the rape victim is sufficient to sustain conviction. However, the probative value of the victim's testimony should be measured against the evidence for the defense and must be carefully evaluated.[25] Thus, the court has the duty to scrutinize with caution the testimony of the victim to rule a conviction.
2012-09-24
PERALTA, J.
It must be clear that this Court respects the findings of the trial court that AAA was indeed raped by considering the credibility of the testimony of AAA. The rule is that factual findings of the trial court and its evaluation of the credibility of witnesses and their testimonies are entitled to great respect and will not be disturbed on appeal.[18] However, the review of a criminal case opens up the case in its entirety. The totality of the evidence presented by both the prosecution and the defense are weighed, thus, avoiding general conclusions based on isolated pieces of evidence.[19] In the case of rape, a review begins with the reality that rape is a very serious accusation that is painful to make; at the same time, it is a charge that is not hard to lay against another by one with malice in her mind. Because of the private nature of the crime that justifies the acceptance of the lone testimony of a credible victim to convict, it is not easy for the accused, although innocent, to disprove his guilt. These realities compel [this Court] to approach with great caution and to scrutinize the statements of a victim on whose sole testimony conviction or acquittal depends.[20]
2010-06-29
PEREZ, J.
While the police officers caught Joel hiding under the bridge, this incident appears to be circumstantial and cannot stand to prove Joel's complicity without any corroborating evidence.  Admittedly, Joel's defense of denial and alibi are inherently weak, however, it is doctrinal that the weakness of the defense cannot be the basis for conviction. The primary burden still lies with the prosecution whose evidence must stand or fall on its own weight and who must establish by proof beyond reasonable doubt the guilt of the accused before there can be conviction.[32]  At this juncture, we acquit appellant Joel.
2010-02-16
BRION, J.
In a charge of rape, the review begins with the reality that rape is a very serious accusation that is painful to make. At the same time, it is a charge that is not hard to lay against another by one with malice in her mind. Because of the private nature of the crime that justifies the acceptance of the lone testimony of a credible victim to convict, it is not easy for the accused, although innocent, to disprove his guilt. These realities compel us to approach the appeal with great caution, and to scrutinize the statements of the victim on whose sole testimony conviction or acquittal depends.[34]