This case has been cited 2 times or more.
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2006-02-13 |
PER CURIAM |
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| It is highly inconceivable that complainant would not recognize her own father, with whom she had been living for a long time. We have held that it is the most natural reaction for victims of criminal violence to strive to see the appearance of their assailant and observe the manner in which the crime was committed. Most often, the face and body movements of the assailants create a lasting impression which cannot be easily erased from their memory.[18] The impression becomes more profound where the malefactor is the victim's own father.[19] Also, Juvilie categorically testified that it was her father who raped her. It is unthinkable, if not completely preposterous, that a daughter would concoct a story of rape against her father, taking to mind the reverence and respect for elders that is too deeply ingrained in Filipino children.[20] It is well-settled that a categorical and positive identification of an accused, without any showing of ill-motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial, which are negative and self-serving evidence undeserving of real weight in law unless substantiated by clear and convincing evidence.[21] | |||||