This case has been cited 5 times or more.
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2014-08-20 |
MENDOZA, J. |
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| Alastair also recognized the voice behind the red mask used by his kidnapper as belonging to Petrus. It was established that from the first to the twentieth day of Alastair's captivity, his kidnapper would meet him five times a day and would talk to him for an hour, thus, enabling him to remember the culprit's voice which had a unique tone and noticeable Chinese accent. Alastair declared with certainty that it was the voice of Petrus. Witness Aaron John insisted that the person who introduced himself as Ong Kwai Ping and with whom he had talked over the phone for three weeks, demanding necessity money and ransom for the release of his brother Alastair, was Petrus because of the distinct tone of his voice with Chinese accent. There was no showing that Alastair and Aaron John had any ill motive to falsely testify against Petrus. As a rule, absent any evidence showing any reason or motive for prosecution witnesses to perjure, the logical conclusion is that no such improper motive exists, and their testimonies are, thus, worthy of full faith and credit.[20] | |||||
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2013-10-23 |
REYES, J. |
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| Third. Absent any evidence showing any reason or motive for prosecution witnesses to perjure, the logical conclusion is that no such improper motive exists, and their testimonies are thus worthy of full faith and credit.[30] | |||||
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2011-06-15 |
MENDOZA, J. |
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| (d) the person kidnapped or detained is a minor, female or a public official. [21] [Emphases supplied] | |||||
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2011-03-02 |
VELASCO JR., J. |
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| The witnesses Jao and Langgoy testified that accused-appellant was the person they saw leaving the scene of the crime. There is no reason for them to falsely identify accused-appellant, no motive presented for them to lie. In People v. Bringas, We held, "As a rule, absent any evidence showing any reason or motive for prosecution witnesses to perjure, the logical conclusion is that no such improper motive exists, and their testimonies are thus worthy of full faith and credit."[41] In the same case, We also stated, "In fine, when the credibility of witnesses is in issue, the trial court's assessment is accorded great weight unless it is shown that it has overlooked a certain fact or circumstance of weight which the lower court may have overlooked, misunderstood or misappreciated and which, if properly considered, would alter the results of the case."[42] No facts or circumstances of substance were presented that the trial court overlooked, misunderstood, or misappreciated, which would necessitate a review of the findings of fact. | |||||
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2010-07-05 |
NACHURA, J. |
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| In the recent People of the Philippines v. Christopher Bringas y Garcia, Bryan Bringas y Garcia, John Robert Navarro y Cruz, Erickson Pajarillo y Baser (deceased), and Eden Sy Chung,[28] we reiterated the following elements that must be established by the prosecution to obtain a conviction for kidnapping, viz.: (a) the offender is a private individual; (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or kidnapping must be illegal; and (d) in the commission of the offense, any of the following circumstances is present: (1) the kidnapping or detention lasts for more than three days; (2) it is committed by simulating public authority; (3) any serious physical injuries are inflicted upon the person kidnapped or detained, or threats to kill him are made; or (4) the person kidnapped or detained, is a minor, a female, or a public officer. If the victim is a minor, or is kidnapped or detained for the purpose of extorting ransom, the duration of detention becomes immaterial. | |||||