This case has been cited 1 times or more.
|
2012-01-25 |
LEONARDO-DE CASTRO, J. |
||||
| As correctly held by the RTC, Ortega's defense of alibi and denial cannot prevail over the clear, positive and convincing testimony of AAA. AAA positively identified his father Ortega as the one who raped her. "Positive identification, where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which if not substantiated by clear and convincing evidence are negative and self-serving evidence undeserving of weight in law."[33] | |||||