This case has been cited 2 times or more.
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2002-06-06 |
QUISUMBING, J. |
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| Where the physical evidence on record runs counter to the testimonial evidence, the physical evidence, being paramount, prevails.[20] We are unable to give credence to the testimony of Armando Castor that he saw both Loreno and Leysa fire their respective weapons when he himself said he was already face down on the ground when the two were about to fire. Patently, we are persuaded that he did not really see who shot the victim. | |||||
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2000-02-09 |
MENDOZA, J. |
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| First. The findings of Dr. Maribel Pichay when she examined Corazon confirms the latter's claim that she had been raped. The physical examination was conducted in the afternoon of February 28, 1994, the day immediately following the commission of the rape. The presence of fresh hymenal lacerations which, in Dr. Pichay's experience as an obstetrician-gynecologist, are of the kind usually caused by the insertion of the penis and not by any other hard object, corroborates complainant's allegations that she was sexually abused. Although Dr. Pichay said it was possible the lacerations were caused by a hard object, the probability is that they had been caused by penile penetration considering the claim of complainant that she had been sexually attacked the day before. Physical evidence is a mute but eloquent manifestation of truth, ranking high in our hierarchy of trustworthy evidence.[13] | |||||