This case has been cited 1 times or more.
|
2011-02-21 |
BRION, J. |
||||
| We duly considered the appellant's defense of denial a defense that is inherently weak unless supported by other evidence.[16] Denial is negative and self-serving and cannot be given greater evidentiary weight over the testimony of a credible witness who positively testified that the appellant was at the locus criminis and was the last person seen with the victim.[17] Significantly, the appellant failed to support his denial by any supporting evidence. The RTC correctly appreciated treachery as a qualifying circumstance since a child, by reason of tender years, could not significantly defend himself against the strangulation that he was subjected to.[18] Beyond reasonable doubt, the presented evidence, collectively considered, point to no other conclusion than the appellant's guilt of the crime of murder. Since neither aggravating nor mitigating circumstances attended the commission of the crime, the penalty of reclusion perpetua was properly imposed. | |||||