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PEOPLE v. FILOMINO LIZANO Y MARVILLA APPELLANT.

This case has been cited 4 times or more.

2013-04-10
PEREZ, J.
In the prosecution of rape cases, conviction or acquittal depends on the credence to be accorded to the complainant's testimony because of the fact that usually, the participants are the only eyewitnesses to the occurrences. Thus, the issue ultimately leads to credibility.[24]
2009-10-05
VELASCO JR., J.
Yoon has denied AAA's allegations of rape. Denial is to be sure a legitimate defense in rape cases. But bare assertions of not having committed the acts complained of cannot overcome the positive, straightforward, unequivocal, and categorical testimony of the victim. An affirmative testimony, especially when it comes from the mouth of a credible witness, is far stronger than a negative one.[23] Mere denial, if unsubstantiated by clear and convincing evidence, is inherently weak, being self-serving negative evidence undeserving of weight in law;[24] it cannot be given greater evidentiary value than the positive testimony of a rape victim.[25] In the case at bar, Yoon failed to present convincing proof in support of his denial.
2009-09-18
NACHURA, J.
As to the second incident, appellant simply averred that he was asleep at that time. Such defense fails in light of the categorical testimony of the victim. Mere denial, if unsubstantiated by clear and convincing evidence, has no weight in law and cannot be given greater evidentiary value than the positive testimony of a rape victim.[10]
2009-08-04
VELASCO JR., J.
Denial, just like alibi, if not substantiated by clear and convincing evidence, is inherently weak, being self-serving negative evidence undeserving of weight in law.[31] To be sure, either gratuitous defense cannot be accorded greater evidentiary weight than the positive declaration of credible witnesses.[32] Put a bit differently, the defense of denial or alibi becomes even weaker in the face of an unqualified and positive identification of Achas as complainant's rapist.[33]