This case has been cited 2 times or more.
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2010-09-29 |
VILLARAMA, JR., J. |
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| Neither would BBB's delay in revealing the identities of the perpetrators to the police taint her identification of appellant as the one who raped her mother and conspirator of Grondiano in robbing their store. Failure to immediately reveal the identity of a perpetrator of a felony does not affect, much less impair, the credibility of witnesses, more so if such delay is adequately explained.[41] BBB sufficiently explained her action in not immediately divulging to her mother and brother nor reporting to the police whom she saw inside their house that early morning of March 27, 2001. She was afraid that the assailants would make good their threat that they will return and kill their family if they reported the incident to anybody. But when a couple of months later appellant and his co-accused Grondiano were arrested on drug charges, BBB finally felt it was safe to come out in the open and inform the police of the identities of the two men who robbed their house, one of whom subsequently raped her mother (appellant). | |||||
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2005-12-16 |
CHICO-NAZARIO, J. |
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| Anent the failure of the investigators to conduct a paraffin test on petitioner, this Court has time and again held that such failure is not fatal to the case of the prosecution as scientific experts agree that the paraffin test is extremely unreliable[27] and it is not conclusive as to an accused's complicity in the crime committed.[28] | |||||