This case has been cited 1 times or more.
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2003-06-23 |
QUISUMBING, J. |
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| The positive identification of appellant by the two eyewitnesses, Leonisa Insic and Lando Tangga, cannot be overcome by denial and allegation of a "frame-up". Like alibi, which by its nature is inherently weak, the allegation of frame-up is easy to concoct, hence it has been viewed by this Court with disfavor.[14] Leonisa Insic categorically pointed to appellant in open court as the same man who after drinking a bottle of beer bought from her master's store, refused to receive his change and instead insisted on getting back his P50 bill. She also positively identified appellant as the same man who stabbed her Manang Rosemarie Reinante to death.[15] Although a mere house helper[16] who had studied up to Grade 2 only, and had stayed in the mountains until she was 18 years old, she testified in a candid and straightforward manner worthy of belief. The affidavit she executed was fully explained to her in the vernacular and she affirmed that she signed it because she understood it and knew it to be the truth.[17] | |||||