You're currently signed in as:
User

PEOPLE v. COSME L. PASTORETE

This case has been cited 2 times or more.

2012-12-05
LEONARDO-DE CASTRO, J.
Estoya's appeal primarily hinges on the issue of credibility of the prosecution witnesses.  It is axiomatic that when it comes to evaluating the credibility of the testimonies of the witnesses, great respect is accorded to the findings of the trial judge who is in a better position to observe the demeanor, facial expression, and manner of testifying of witnesses, and to decide who among them is telling the truth.[15]   After a painstaking review of the records of this case, including the exhibits and transcript of stenographic notes, we find no reason to deviate from the findings and conclusions of the RTC.
2004-06-03
YNARES-SATIAGO, J.
We cannot agree with appellant's contention that Maricel's failure to shout for help was tantamount to a submission to his sexual advances. There is no standard form of reaction for a woman, much more a minor, when facing a shocking and horrifying experience such as a sexual assault. The workings of the human mind placed under emotional stress are unpredictable, and people react differently some may shout, some may faint, and some may be shocked into insensibility while others may openly welcome the intrusion.[15] Her failure to shout could be attributed to the shock and horror which she felt as a result of appellant's sexual assault.