This case has been cited 3 times or more.
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2015-02-18 |
PEREZ, J. |
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| It is apropos to reiterate here that where there is no showing that the trial court overlooked or misinterpreted some material facts or that it gravely abused its discretion, the Court will not disturb the trial court's assessment of the facts and the credibility of the witnesses since the RTC was in a better position to assess and weigh the evidence presented during trial. Settled too is the rule that the factual findings of the appellate court sustaining those of the trial court are binding on this Court, unless there is a clear showing that such findings are tainted with arbitrariness, capriciousness or palpable error.[16] | |||||
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2015-02-04 |
PEREZ, J. |
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| To begin with, we hold that accused-appellant can no longer question the legality of his arrest. In People v. Vasquez,[14] we reiterated the rule that any objection, defect or irregularity attending an arrest must be made before the accused enters his plea on arraignment, and having failed to move for the quashal of the Information before arraignment, accused-appellant is now estopped from questioning the legality of his arrest. Moreover, any irregularity was cured upon his voluntary submission to the RTC's jurisdiction. | |||||
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2014-08-13 |
PEREZ, J. |
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| Article 63 of the Revised Penal Code mandates that when the law prescribes a penalty composed of two indivisible penalties and there are neither mitigating nor aggravating circumstances in the commission of the crime, the lesser penalty shall be applied.[20] Thus, in this case, considering that no mitigating or aggravating circumstances attended the appellant's violation of Section 15, Article III of Republic Act No. 6425, as amended, the trial court correctly imposed the penalty of reclusion perpetua and the fine of P1,000,000.00. | |||||