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PEOPLE v. BIENVENIDO PAYOT

This case has been cited 2 times or more.

2011-03-02
VELASCO JR., J.
The prosecution was able to prove that accused-appellant had carnal knowledge of the victim, as per the post-mortem findings of Dr. Rodaje and the vaginal swabbings examined by NBI Regional Chemist Dulay. Dr. Rodaje found hymenal lacerations from his examination of AAA's body. In People v. Payot, Jr., it was held, "Hymenal lacerations, whether healed or fresh, are the best evidence of forcible defloration."[44] Dulay's findings that there were seminal stains serve to bolster the conclusion that rape was committed.
2010-03-09
PEREZ, J.
Alibiis an inherently weak defense and can easily be fabricated.[34] The settled jurisprudence is that categorical and consistent positive identification, absent any showing of ill motive on the part of the eyewitness testifying thereon, prevails over the defenses of denial and alibi which, if not substantiated by clear and convincing proof, as in the case at bar, constitute self-serving evidence undeserving of weight in law.[35] Thus, appellant's alibi, more so that it is not corroborated by any witness, cannot prosper over AAA's positive identification.