This case has been cited 2 times or more.
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2010-09-22 |
PEREZ, J. |
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| In comparison with the clear and straightforward testimony of prosecution witnesses, all that appellant could muster is the defense of denial and alibi. It is well-entrenched that alibi and denial are inherently weak and have always been viewed with disfavor by the courts due to the facility with which they can be concocted. They warrant the least credibility or none at all and cannot prevail over the positive identification of the appellant by the prosecution witnesses.[60] For alibi to prosper, it is not enough to prove that appellant was somewhere else when the crime was committed; he must also demonstrate that it was physically impossible for him to have been at the scene of the crime at the time of its commission. Unless substantiated by clear and convincing proof, such defense is negative, self-serving, and undeserving of any weight in law.[61] Denial, like alibi, as an exonerating justification is inherently weak and if uncorroborated regresses to blatant impotence. Like alibi, it also constitutes self-serving negative evidence which cannot be accorded greater evidentiary weight than the declaration of credible witnesses who testify on affirmative matters.[62] | |||||
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2000-06-28 |
BELLOSILLO, J. |
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| As to the damages awarded by the trial court to the heirs of the victim, we sustain the award of P50,000.00 as civil indemnity for the wrongful death of Lilia Tactacan. In addition, the amount of P50,000.00 as moral damages is ordered. Also, damages for loss of earning capacity of Lilia Tactacan must be granted to her heirs. The testimony of Gregorio Tactacan, the victim's husband, on the earning capacity of his wife, together with a copy of his wife's payroll, is enough to establish the basis for the award. The formula for determining the life expectancy of Lilia Tactacan, applying the American Expectancy Table of Mortality, is as follows: 2/3 multiplied by (80 minus the age of the deceased).[16] Since Lilia was 48 years of age at the time of her death,[17] then her life expectancy was 21.33 years. | |||||