This case has been cited 2 times or more.
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2010-01-21 |
LEONARDO-DE CASTRO, J. |
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| Accused-appellant's imputation of ill motive on the part of AAA's family in the filing of this case is bereft of convincing evidence. This Court has consistently held that no family member would expose a fellow family member to the ignominy of a rape trial or to the shame and scandal of having to undergo such a debasing ordeal merely to satisfy their alleged motive if the charge is not true.[24] In this case, we are not inclined to believe that the relatives of AAA would subject the latter to the humiliating and agonizing experience of a public trial just to falsely accuse a person of the commission of the crime of rape. Nonetheless, ill motive is not an element of the crime of rape and the attribution of ill motive in this case cannot overturn the well-established essential elements of the crime charged. | |||||
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2001-11-26 |
PARDO, J. |
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| Considering accused-appellant's alibi, for this defense to prosper, it must be established by positive, clear and satisfactory proof that it was physically impossible for the accused to have been at the scene of the crime at the time of its commission, and not merely that the accused was somewhere else.[49] Physical impossibility refers to the distance between the place where the accused was when the crime happened and the place where it was committed, as well as the facility of access between the two places.[50] Accused-appellant's claim that he was at the house of his sister Salvacion Castro in Bagong Silang, Caloocan City, even if true, did not preclude the possibility of his coming to the scene of the crime at Karuhatan, Valenzuela, which was just two (2) rides away, or which could be reached after approximately an hour. The Court is not convinced that it was physically impossible for accused-appellant to have left his sister's residence in Bagong Silang, Caloocan City to commit the crime in Karuhatan, Valenzuela and return to Bagong Silang, Caloocan City due to the proximity of the two places. | |||||