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HELD: The testimony of Gloridel was clear and convincing. Her declaration that accused-appellant inserted his penis into her vagina was made in a straightforward and unshaken manner. Errorless and accurate to the last detail testimony cannot be expected of Gloridel, who was seven (7) years of age at the time of the trial. The alleged inconsistencies and lapses pointed by accused-appellant to discredit Gloridels testimony, e.g. that accused-appellant merely fondled her or inserted his finger in her vagina, are all minor and trivial details which do not touch upon the commission of the offense. These lapses, to THE courts mind, serve to strengthen rather than weaken the credibility of a witness because they erase any suspicion of coached or rehearsed testimony. The Court noted that a child of tender age cannot be expected to understand every question asked of her in the course of examination. Ample margin of error and understanding should be accorded to young witnesses who, much more than adults, would be gripped with tension due to the novelty of the experience of testifying before a court. PEOPLE V. LAZARO October 26, 1999 The accused was found guilty of illegal possession of firearms and ammunition. In his appeal the accused-appellant raises the sole assignment of error that the trial court erred in finding the accused guilty beyond reasonable doubt of the crime of illegal possession of firearms and ammunition qualified by homicide. HELD: In cases involving illegal possession of firearms under P.D. 1866 "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof and for Relevant Purposes", as amended, the prosecution has the burden of proving the elements thereof, viz.: (a) the existence of the subject firearm; and (b) the fact that the accused who owned or possessed it does not have the corresponding license or permit to possess the same.
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HELD: Self defense cannot be appreciated. Where the accused admits to killing the victim in self defense, the burden of evidence shifts to him. For a person not to incur criminal liability when he acts in the fulfillment of a duty, 2 requisites must concur: (1) that the offender acted in the performance of a duty; (2) that the injury or offense committed be the necessary consequence of the due performance of such right or office. However, second requisite here was not proved since killing need not be a necessary consequence of his duty. PEOPLE V. JOHNNY DELA CRUZ G.R. NO. 133921 Accused was convicted of rape. The charge was filed 12 years after the alleged incident, when the victim was already 20 years old. HELD: An accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, although innocent to disprove the charge. In rape cases, the testimony of the complainant must stand or fall on its own merits and should never be allowed to draw strength from the weakness of the evidence of the defense. The long delay of the complainant in reporting the incident makes it difficult for the court not to have compelling doubts on the veracity of her episode. Proof of guilt beyond reasonable doubt not proven. PEOPLE V. ROLANDO FLORES G.R. NO. 124977 Accused was convicted of murder. The conviction was based purely on circumstantial evidence because there was no eye witness to the actual killing of the victim. HELD:
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HELD: For alibi to be believed it must be shown that: (a) the accused was in another place at the time of the commission of the offense; and (b) it was physically impossible for him to be at the crime scene. This was not shown here. However, he cannot be held liable for highway robbery. Conviction for highway robbery requires proof that several accused were organized for the purpose of committing it indiscriminately. There is no proof in the instant case that the accused and his cohorts organized themselves to commit highway robbery. Neither is there proof that they attempted to commit robbery as to show the indiscriminate perpetration thereof. On the other hand, what the prosecution established was only a single act of depredation is not what is contemplated under PD 532 as its objective is to deter and punish lawless elements who commit acts of depredation upon persons and properties of innocent and defenseless inhabitants who travel from one place to another. Accused should be held liable for the special complex crime of robbery with homicide as the allegation in the information are enough to convict him therefore. PEOPLE V. REYNALDE LAZARTE G.R. NO. 130711 Accused was convicted of the crime of murder. Accused interposed self-defense. HELD: In instances where an accused acknowledges full responsibility for the death of the victim but claims self-defense, the burden of evidence is transferred to the accused to prove that his taking of a life was justified and that he did not incur any criminal liability for the same. In order that he may be acquitted, the accused must prove that the 3 circumstances are present, namely: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent or repel it; (c) lack of sufficient provocation on the part of the accused. Unlawful aggression was not proven. The alleged revolver used by the victim was not even presented in evidence. Further, accused did not even voluntarily surrender and opted to remain silent about the incident. A person claiming self-defense would have reported the incident to the police as he has nothing to hide. As to civil liability, aside from the ordinary indemnity of P50,000 accused is obliged to compensate the heirs of the victim for the latters lose of earning capacity and pay the heirs of the victim moral damages for the mental anguish suffered by them. PEOPLE V. ERNESTO SANTOS G.R. NO. 131103 & 143472
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HELD: As a rule, the trial courts assessment of the credibility of witnesses and their testimonies is binding on appellate courts, absent any fact or circumstance of weight and substance that may have been overlooked, misapprehended or misapplied. In this case, the court a quo committed serious lapses which warrant the acquittal of the appellant. PEOPLE V. ERNESTO DELA CRUZ G.R. NO. 118967 Accused was convicted of murder. Defense interposed denial and alibi. He questions credibility of sole witness and testimonies being insufficient to sustain conviction. He points inconsistencies between the witness testimony and her declarations during preliminary investigation. HELD: The testimony of a sole witness, if found convincing and credible by the trial court is sufficient to support a finding of guilt beyond reasonable doubt. Declarations at the preliminary investigation which are conducted to determine the existence of a probable cause and to secure the innocent against hasty, malicious and oppressive prosecution, should not be equated with testimonies before the court. While transcripts of a preliminary investigation may form part of the records of the case, testimony taken at the trial on the merits of the case where the adverse party has the full opportunity to cross-examine the witness and to ferret out the truth, deserves more credence. Similarly, sworn statements that are taken ex-parte are generally incomplete and therefore, discrepancies between statements made on the witness stand and those in an affidavits are generally subordinated in importance in open court declarations because they are often times not in such a state as to afford him a fair opportunity of narrating in full the incident which transpired. PEOPLE V. ALBERTO ANTONIO G.R. NO. 128900 Accused was convicted of murder. He questions credibility of witness because the latters first statement differed with his succeeding statements and his testimony in open court. HELD: Affidavits or statements taken ex-parte are generally considered incomplete and inaccurate. Thus, by nature, they are inferior to testimony given in court and whenever there is inconsistency between the affidavit and the testimony of a witness in court, the testimony commands greater weight. Moreover, inconsistencies between the declaration of the affiant in
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HELD: Despite non presentation of POEA officer to testify, the POEA certification will suffice to prove that she has no permit to engage in the business. POEA certification is a pubic document issued by a public officer in the performance of an official duty, hence, it is a prima facie evidence of the facts therein stated. Public documents are entitled to presumption of regularity, consequently, the burden of proof rests upon him who alleges the contrary. PEOPLE V. ANTHONY MELCHOR PALMONES G.R. NO. 136303 The accused were convicted of murder. Defense interposed alibi as defense. The conviction of the 2 accused was based largely on the alleged dying declaration of the victim made to 2 witnesses of the prosecution and the apparent weakness of their defense. HELD: Dying declaration is one of the exceptions to the rule of inadmissibility of hearsay evidence. The requirement are: (1) it must concern the crime and the surrounding circumstances of the declarants death; (2) at the time it was made, the declarant was under a consciousness of impending death; (3) the declarant was competent as a witness; (4) the declaration was offered in a criminal case for murder, homicide or parricide where the declarant was the victim. In the instant case, it was not established by the prosecution that the statements of the declarant were made under the consciousness of impending death. No proof to this effect was ever presented by the prosecution. Neither may the alleged statements be admissible as part of the res gestae. Res gestae refers to those exclamations and statements made by either the participants, victims, or spectators to a crime immediately before, during, or after the commission of a crime when the circumstances are such that the statements were made as a spontaneous reaction or utterance inspired by the excitement of the occasion ands there was no opportunity for the declarant to deliberate and to fabricate a false statement. In order to admit the statements as evidence part of res gestae, the element of spontaneity is critical. PEOPLE V. ROLANDO CARDEL G.R. NO. 105582
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HELD: There are 3 guiding principles in the review of rape cases: (1) to accuse a man of rape is easy, but to disprove it is difficult though the accused may be innocent; (2) considering that in the nature of things, only 2 persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) evidence for the prosecution must stand or fall on its own merits and should not be allowed to draw strength from the weakness of the evidence for the defense. Equally unquestionable is the principle that as long as the complainants testimony meets the test of credibility, the accused may be convicted on its basis. PEOPLE V. ARMANDO JUAREZ G.R. NO. 128158 The accused were found guilty of rape. Defense put up denial and alibi. HELD: Alibi is a weak defense which becomes even weaker in the face of the positive identification of appellants by the prosecution witness. Denial and alibi unsubstantiated by clear and convincing evidence are negative and self-serving evidence bearing no real weight in law and jurisprudence. Moreover, alibi might be aptly considered only when an accused had been shown to be in some other place at the crucial time and that it would have been physically impossible form him to be at the locus criminis or its immediate vicinity at the time of the commission of the crime. The presence of the appellants at the crime scene immediately after the victim was raped indicates strongly that they were the culprits. Also, there is nothing to show that the victim was moved by any ill motive to testify falsely against the accused. She did not know them before the fateful evening. Her honest and straightforward testimony deserves full faith and credence. PEOPLE V. ROBERTO BANIGUID G.R. NO. 137714 Accused was found guilty of raping his minor daughter. He questions credibility of complainant.
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HELD: The marijuana plants seized were product of an illegal search because of the absence of search warrant and are therefore inadmissible in evidence. The voluntary confession of ownership of marijuana was in violation of the custodial rights because of the absence of competent and independent counsel, and thus, inadmissible too. In sum, both the object evidence and the testimonial evidence as to the appellants voluntary confession of ownership of the prohibited plants relied upon to prove appellants guilt failed to meet the test of constitutional competence. Without these, the prosecutions remaining evidence did not even approximate the quantum of evidence necessary to warrant appellants conviction. Hence, the presumption of innocence on his favor stands. PEOPLE V. FERIGEL OLIVA G.R. NO. 122110 Accused was convicted of arson and murder. HELD: There are 2 elements of arson: (1) that there is intentional burning; (2) that what is intentionally burned is an inhabited house or dwelling. Proof of corpus delicti is indispensable in prosecution for felonies and offense. Corpus delicti is the body or substance of the crime. It refers to the fact that a crime has actually been committed. Corpus delicti is the fact of the commission of the crime that may be proved by the testimonies of the witnesses. In arson, the corpus delicti rule is satisfied by proof of the bare occurrence of the fire and of its having been intentionally caused. The uncorroborated testimony of a single eyewitness, if credible, may be enough to prove the corpus delicti and to warrant conviction. Here, corpus delicti of the arson and murder was duly proven beyond reasonable doubt. PEOPLE V. ELMEDIO CAJARA G.R. NO. 122498 Accused was convicted of qualified rape and sentenced to death. The victim was the sister of the common law wife of the accused.
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HELD: Accused is guilty and was sentenced to reclusion perpetua. The defenses of alibi and denial by the accused were found unavailing in the face of positive and credible testimony of prosecution witnesses. Note, no young Filipina of decent repute even in modern times, would publicly admit she had been raped unless that was the truth. Accused was not able to prove that he and the victim were indeed lovers. Likewise, the claim of lack of force or intimidation cannot prevail. The TEST is whether the threat or intimidation produces a reasonable fear in the mind of the victim that is she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount to consent to sexual assault. Lastly, an offer of marriage which occurred in this case is an admission of guilt. PEOPLE V. RAYOS GR 133823; Feb.7,2001 Accused was charged of raping a 9yr. old girl HELD: Accused is guilty and sentenced to DEATH in accordance with art 335 of the RPC (as amended by RA 7659) or where on the occasion of a rape homicide was committed, the penalty is death. ! The guilt of the accused was established through circumstantial evidence, taken in entirety unmistakably pointing to guilt. Circumstantial evidence may be resorted in the absence of eyewitnesses and is sufficient for conviction if, a)there is more than one circumstance; b) the facts from which that inferences were derived are proven; and c) the combination of all circumstances is such as to produce a conviction beyond reasonable doubt. PEOPLE V. FRANCISCO GR 135200; Feb.7,2001 The trial court found the accused guilty of qualified rape sentencing him to death for raping his daughter. HELD: SIMPLE RAPE with the penalty of Reclusion Perpetua; The prosecution failed to allege the qualifying circumstance of relationship between the accused and the victim in the
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HELD: The circumstances proved constitute an unbroken chain which leads to one fair conclusion, that the appellant is guilty beyond reasonable doubt. The circumstances or a combination thereof should point to overt acts of the appellant that would logically lead to the conclusion that the appellant is guilty. Rule 113, Sec 4 of the Rules of Court provides the
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