This case has been cited 2 times or more.
|
2001-03-15 |
BELLOSILLO, J. |
||||
| Q: Which was painful? A: My vagina.[18] It is indeed extremely hard to disbelieve Coralyn's testimony. She was only an 11-year old girl, guileless and innocent in the ways of the flesh. When asked how her father abused her, tears fell on her cheeks as she recounted the bestial act visited upon her by her own father. There can never be a more eloquent indicium of truthfulness than this public baring of grief. Young as she was, it is highly inconceivable that she would concoct such an intricate tale that could put her father to death and drag herself and her family to a lifetime of agony and shame. It is a natural instinct of the typical Filipina to protect her honor, and no Filipina of tender age like Coralyn would make of public knowledge that her own father attempted to rob her of her virtue and chastity unless motivated by a genuine desire to seek redress for the foul deed forced upon her and bring her aberrant father before the bar of justice.[19] | |||||
|
2000-11-29 |
PER CURIAM |
||||
| "Firstly, it was admitted by the defense that the duty log-book and the morning/evening formation sheet do not always reflect the whereabouts of the Tanay PNP members for the day such that even when they have deviated from their regular assignments, no note whatsoever appears on said log-book. Accused were at the Hilltop Headquarters in Taytay from around 9:15 a.m. to 5 p.m. of February 9, 1994 and yet, the duty log-book they submitted in Court show otherwise. In said log-book, the Post/Assignment of accused Acebron was "Intel Optvs/follow-up" while accused Mercado was supposed to be at "Post OP #2." The Court does not believe this log-book is reliable. Secondly, again by the defense' own admission, Tanay PNP members sign their names once on the log-book and this will be enough to confirm their presence or attendance for the entire day. Surely, the possibility that all the PNP members do not in fact arrive at and leave their office at the same time of 8 a.m. and 8 p.m. can not be disregarded. Still, a reading of the entries in the log-book submitted by the defense would somehow suggest this. The physical impossibility of accused Mercado, at least, being in Pasig at around 9 p.m. on February 9, 1994 is not established. The defense of alibi is, therefore, rejected by the Court."[45] Indeed, alibi is generally regarded with suspicion and is always received with caution, not only because it is inherently weak and unreliable but also because it can be easily fabricated and concocted. For alibi to prosper as a defense, it must be convincing enough to preclude any doubt on the physical impossibility of the presence of the accused at the locus criminis or its immediate vicinity at the time of the incident.[46] An accused who invokes the defense of alibi must prove (a) his presence at another place at the time of the perpetration of the crime and (b) the physical impossibility for him to be at the scene of the crime.[47] | |||||