This case has been cited 4 times or more.
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2001-09-26 |
QUISUMBING, J. |
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| Appellant gave no reason why the victims should falsely charge him with such grave offenses. Where the victims have no improper motive to testify falsely against the accused and have positively identified him as the culprit, then the defense of alibi must necessarily fail.[11] | |||||
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2001-06-19 |
YNARES-SANTIAGO, J. |
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| The fact that accused-appellant used a knife to threaten private complainant in the commission of the rape was alleged in the information and proven by the prosecution. Accordingly, the imposable penalty under Article 266-B, paragraph 1, of the Revised Penal Code as amended by Republic Act 8353, is reclusion perpetua to death.[24] There being neither mitigating nor aggravating circumstances attendant in the case at bar, the imposable penalty is reclusion perpetua.[25] | |||||
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2000-11-20 |
YNARES-SANTIAGO, J. |
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| With respect to the civil liability, the trial court held accused-appellants solidarily liable for civil indemnity of P30,000.00 to the heirs of Raul Leyson, and P10,000.00, to Felizardo del Solo. The civil indemnity for the deceased victim should be increased to P50,000.00 in line with latest jurisprudence.[28] As for the civil indemnity in the frustrated murder case, the same is increased to P30,000.00. Both awards are given without need of proof other than the commission of the crime and the culprits' liability therefor. Although, the higher indemnities granted herein appears not favorable to those who withdrew their appeal, they shall all be held solidarily liable for the higher amounts since they are not in the form of penalty. The medical and hospital expenses in the amount of P4,000.00 incurred by Felizardo del Solo was duly established by evidence on record. However, lost earnings cannot be awarded for lack of factual basis. | |||||