This case has been cited 10 times or more.
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2003-12-11 |
PANGANIBAN, J. |
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| Second, in the light of the positive identification of appellants as participants in the perpetration of the crime, their denial and alibi cannot be sustained.[37] Well-settled is the rule that such positive identification, when categorical and consistent, prevails over these twin defenses.[38] Unless substantiated by clear and convincing proof, they are negative, self-serving and undeserving of any weight in law.[39] | |||||
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2003-12-11 |
PANGANIBAN, J. |
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| Needless to say, the straightforward, clear and positive testimony of the victims -- coupled with the absence of any motive to fabricate evidence or to falsely implicate appellant -- may be enough to convict him.[36] Neither can his denial and alibi be sustained in the light of their positive identification of him as the perpetrator of the crime.[37] When categorical and consistent and without any ill motive on the part of the eyewitness testifying on the matter, it prevails over such defenses[38] which -- unless substantiated by clear and convincing proof -- are deemed negative, self-serving and undeserving of any weight in law.[39] | |||||
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2000-04-27 |
BELLOSILLO, J. |
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| The sexual act between accused-appellant and Rochelle on 8 September 1990 was far from consensual. The moral influence of a father over his daughter suffices to establish rape.[16] Rochelle was further intimidated when he threatened her with a gun.[17] Thus, his guilt under Art. 335 of the Revised Penal Code was conclusively proved. | |||||