This case has been cited 2 times or more.
|
2003-07-22 |
YNARES-SANTIAGO, J. |
||||
| We are not convinced. It bears emphasis that frame-up as a defense has been invariably viewed with disfavor, for it can easily be concocted[24] but very difficult to substantiate.[25] That is why once the elements of a crime have been established, clear and convincing evidence[26] is required to prove this defense. Petitioner failed to discharge this burden in the instant case. | |||||
|
2002-01-31 |
PARDO, J. |
||||
| "The crying of the victim during her testimony is evidence of the credibility of the rape charge."[24] Time and again we have ruled that factual findings of the trial court are generally not disturbed on appeal unless substantial facts have been overlooked which, if considered, would materially affect the result of the case.[25] We find no reason to depart from this rule. The victim's deportment during the trial, taken together with all the evidence on record, merits the badge of credibility. "It is improbable for a child of tender years and one not exposed to the ways of the world to impute a crime so serious as rape to any man, let alone her stepfather, if what she claimed was not true."[26] | |||||