This case has been cited 5 times or more.
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2006-06-16 |
YNARES-SANTIAGO, J. |
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| Q Aside from that what did he try to tell you? A He told me not to report what happened to us or else he will kill all of us.[27] We find the foregoing testimonies to be clear, candid and straightforward. When the offended parties are young and immature girls, as in this case, courts are inclined to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarrassment to which they would be exposed if the matter about which they testified is not true.[28] Moreover, no young woman, especially of tender age, would concoct a story of defloration, allow an examination of her private parts, and thereafter pervert herself by being subjected to public trial, if she was not motivated solely by the desire to obtain justice for the wrong committed against her.[29] | |||||
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2001-10-25 |
PER CURIAM |
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| Consequently, we find no reason to overturn the trial court's finding that complainant's testimony is credible. Moreover, the well-established rule is that, on the issue of credibility, the trial court is in a better position than the appellate or reviewing court because the former had the full opportunity to observe directly the witness' deportment and manner of testifying.[28] Hence, in the absence of palpable error or grave abuse of discretion, the trial court's evaluation of the credibility of witnesses will not be disturbed on appeal.[29] | |||||
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2001-03-27 |
MENDOZA, J. |
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| When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. To justify the imposition of the death penalty, therefore, the circumstances of the minority of the victim and her relationship with the offender must both be alleged in the information and proved in court.[52] The minority of the victim must be proved with equal certainty as the commission of the crime itself.[53] | |||||
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2001-03-01 |
PER CURIAM |
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| when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim. xxx.[57] The concurrence of the two special qualifying circumstances, namely the victim's minority and the relationship between the victim and the culprit, increases the penalty of rape to one (1) degree, thus resulting in the imposition of the death penalty. In order to be appreciated as qualifying circumstances, however, these must be properly pleaded in the indictment.[58] In addition, the qualifying circumstances should be duly proved during the trial.[59] | |||||
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2000-10-11 |
PARDO, J. |
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| Neither can the commission of the rape be negated by the fact that it was perpetrated within the well-lighted bus terminal premises where people usually gather. The presence of people in a certain place is no guarantee that rape will not and cannot be committed.[15] For rape to be committed, it is not necessary for the place to be ideal, or the weather to be fine, for rapists bear no respect for locale and time when they carry out their evil deed.[16] | |||||