This case has been cited 1 times or more.
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2015-06-22 |
PERALTA, J. |
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| Therefore, the trial and appellate courts correctly found petitioner Dinamling guilty beyond reasonable doubt and such conviction must be upheld. To reiterate, the denial of the accused is a negative assertion that is weaker than the affirmative testimony of the victim.[40] It almost has no probative value and may be further discarded in the absence of any evidence of ill motives on the part of the witness to impute so grave a wrong against the accused.[41] As for alibi, it is not given weight if the accused failed to demonstrate that he was so far away and could not have been physically present at the scene of the crime and its immediate vicinity when the crime was committed.[42] | |||||