This case has been cited 3 times or more.
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2007-11-28 |
CHICO-NAZARIO, J. |
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| While the existence of conspiracy among appellants in selling shabu was duly established, there was no proof that appellants were a group organized for the general purpose of committing crimes for gain, which is the essence of the aggravating circumstance of organized/syndicated group under Article 62 of the Revised Penal Code.[72] | |||||
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2007-04-27 |
CARPIO, J. |
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| Resayo's defense rests on denial and alibi. He claims that he was pedaling his tricycle in Pateros at the time of the incident. We have consistently ruled that alibi is the weakest defense not only because of its inherent weakness and unreliability, but also because it is easy to fabricate. It is generally rejected when the accused is positively identified by a witness.[21] For the defense of alibi to prosper, Resayo must establish by clear and convincing evidence not only that he was not present at the crime scene but also that it was physically impossible for him to have been present there at the time of its commission.[22] This Resayo failed to do. | |||||
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2002-09-05 |
QUISUMBING, J. |
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| small and fragile. She lived in a predominantly female household; at that time they were uncertain of any protection against appellant. Her fear and her helplessness had basis. Significantly, when her 25-year-old brother arrived the day following the rape, she immediately revealed the identity of her rapist. Her brother's arrival emboldened her and she lost no time in revealing appellant's identity. We have held before that the failure of a witness to volunteer information to law enforcement officers does not necessarily impair her credibility.[22] Ordinarily, delay by a witness in divulging what she knows about the commission of a crime, such as the identity of the offender, is not by itself a setback to the probative value of her testimony.[23] What is important is that where there is nothing to indicate that Maylin had any improper motive to implicate appellant, her testimony is entitled to full faith and credit. A young girl's revelation that she had been raped, coupled by her voluntary submission to medical examination and willingness to undergo public trial where she gave out the details of the assault on her dignity, cannot be easily dismissed as mere concoction.[24] All told, the Court finds no sufficient reason to disturb the findings of the trial court. Nor is there any showing of a circumstance sufficient to alter its verdict. We agree with the trial court that appellant's guilt has been proved beyond reasonable doubt. The sentence of | |||||