This case has been cited 5 times or more.
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2006-08-07 |
CALLEJO, SR., J. |
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| It must be stressed that the appellant's defense of denial and alibi was rejected by the trial court. The appellate court ruled as follows: Contrary to the defense's posturing, the accused-appellant's alibi and denial cannot prevail over the positive identification by the private complainant as regards her rapist (People vs. Remoto, 244 SCRA 506). Moreover, for alibi to qualify as a valid defense, it must first be shown that it was physically impossible for the accused to have been present in the locus criminis at the supposed time of commission of the crime (People vs. Caguioa, Sr., 259 SCRA 403). In this case, the accused-appellant cannot cavil at the fact that the house of Carmen Bolo where the private complainant was staying was only a few minutes walk from the house of the accused-appellant.[40] The appellant's denial of the crime charged constitutes negative self-serving evidence which cannot prevail over the positive testimony of Emily that the appellant had defiled her.[41] Moreover, alibi as a defense is inherently weak because it is easy to concoct and difficult to disprove. The appellant must prove, with clear and convincing evidence at the trial that he was in a place other than the situs of the crime, such that it was physically impossible for him to have committed the same.[42] The requirement of time and place must be strictly followed.[43] | |||||
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2002-01-23 |
YNARES-SANTIAGO, J. |
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| More importantly, the fact of rape is corroborated by CCC, AAA's younger sister. There is nothing in the record which would indicate ill-motive on the part of Nelly to testify falsely against her father. Furthermore, the medical evidence, notably the finding of healed lacerations on the victim's private parts, supports the theory that AAA had been a victim of rape.[11] | |||||
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2001-11-15 |
PARDO, J. |
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| To be convicted of robbery with rape, the following elements must concur: (1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is done with animo lucrandi; and, (4) the robbery is accompanied by rape.[27] | |||||
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2001-11-15 |
PARDO, J. |
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| When a woman testifies that she has been raped, and if her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[34] In this case, Marina Legaspi testified in a categorical, straightforward, and frank manner. Even in the face of intense and lengthy cross-examination, she remained composed and consistent throughout her entire testimony. | |||||
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2001-09-28 |
PARDO, J. |
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| To secure a conviction for robbery with rape, the prosecution must prove the following elements: "(1) the taking of personal property is committed with violence or intimidation against persons; (2) the property taken belongs to another; (3) the taking is done with animo lucrandi; and (4) the robbery is accompanied by rape."[26] | |||||