Pp vs.

JOEL YATAR alias "KAWIT"

FACTS

In the case at bar, accused-appellant was sentenced to death for the special complex crime of rape with
homicide and ordering him to pay the heirs of the victim. Appellant was charged to have had carnal
knowledge of a certain Kathylyn Uba against her will and with the use of a bladed weapon stabbed the
latter inflicting upon her fatal injuries resulting in her.

Appellant raises the issue of credibility of witnesses specifically assigning as error on the part of the trial
court the latters giving of much weight to the evidence presented by the prosecution notwithstanding
their doubtfulness.

ISSUE:

1. Whether or not the appellants contentions as regards the witnesss credibility are meritorious.
2. Whether or not there was Sufficiency of Circumstantial Evidence

HELD:

1.

NO. The issue regarding the credibility of the prosecution witnesses should be resolved against appellant.
This Court will not interfere with the judgment of the trial court in determining the credibility of
witnesses unless there appears in the record some fact or circumstance of weight and influence which has
been overlooked or the significance of which has been misinterpreted.

2.

Circumstantial evidences to be sufficient to warrant a conviction must form an unbroken chain which
leads to a fair and reasonable conclusion that the accused to the exclusion of others is the perpetrator of
the crime. To determine whether there is sufficient circumstantial evidence three requisites must concur,
1) There is more than one circumstance, 2) facts on which the inferences are derived are proven and 3) the
combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
 Sps. Binarao v. Plus Builders

FACTS:

Herein, petitioner spouses Binarao, purchased a house and lot in Bahayang Pag-asa Subdivision through
Plus Builders Inc. An affidavit of undertaking whereby they agreed to pay P 96, 791.95.00 in the
following manner was executed:

P 5000.00 upon signing of contract

And the remaining P 91, 791.95 within 15 days after.

Petitioners paid P 20,000.00 leaving a balance of P 65, 571.22 payable in three installments.

However, spouses failed to comply prompting Plus Builders to file a complaint for Sum of Money.

RTC- ordered to spouses to pay balance

CA- Affirms RTC

SC- Petition for certiorari denied

ISSUE:

Whether or not allegations, statements, or admission contained in the pleadings is judicial admission.

HELD:

Rule 8, Rules of Court, provides:

Section 11. Allegations not specifically denied deemed admitted. Material averment in the complaint,
other than those as to the amount of unliquidated damages, shall be deemed admitted when not
specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted
if not denied under oath.

Under Section 10, Rule 8 of the Rules of Court

A specific denial of an allegation of the complaint may be made in any of three ways, namely: (a) a
defendant specifies each material allegation of fact the truth of which he does not admit and, whenever
practicable, sets forth the substance of the matters upon which he relies to support his denial; (b) a
defendant who desires to deny only a part of an averment specifies so much of it as is true and material
and denies only the remainder; and (c) a defendant who is without knowledge or information sufficient to
form a belief as to the truth of a material averment made in the complaint states so, which has the effect of
a denial.