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2009-10-02 |
ABAD, J. |
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Talita mainly relied on denial which, like alibi, is inherently a weak defense because it can easily be fabricated.[23] The Court held in People v. Bandin[24] that denial and alibi cannot be given greater evidentiary value than the testimonies of credible witnesses on affirmative matters. Positive identification, where categorical and consistent and without any showing of ill-motive on the part of the witnesses, prevails over denial which, if not supported by clear and convincing proof, is a negative and self-serving evidence, undeserving of weight in law.[25] |