This case has been cited 3 times or more.
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2012-12-05 |
LEONARDO-DE CASTRO, J. |
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| Equally undeserving of consideration is Estoya's defense of denial and alibi. Alibi cannot prevail over the positive testimony of the victim with no improper motive to testify falsely against him.[24] In addition, for his defense of alibi to prosper, Estoya must prove not only that he was somewhere else when the crime was committed but he must also satisfactorily establish that it was physically impossible for him to be at the crime scene at the time of commission.[25] On April 5, 2006, at around 3:00 p.m., Estoya claimed to be at his house, which was only around six to seven meters away from BBB's house, where AAA was raped.[26] The very short distance between the two houses does not foreclose the possibility of Estoya's presence at BBB's house at the time of AAA's rape. Lastly, Estoya did not present any evidence to corroborate his alibi. He averred that he spent the day with his nephews and nieces, yet he did not present a single one to support his averment. In the face of AAA's unwavering testimony and very positive and firm identification of Estoya as her assailant, Estoya could no longer hide behind the protective shield of his presumed innocence, but he should have come forward with credible and strong evidence of his lack of authorship of the crime. Considering that the burden of evidence had shifted to Estoya but he did not discharge his burden at all, there is no other outcome except to affirm his guilt beyond reasonable doubt[27] for the crime of simple rape of AAA, under Article 226-A, paragraph (1)(a) of the Revised Penal Code, as amended. | |||||
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2010-09-22 |
PEREZ, J. |
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| As to damages. Article 2206 of the Civil Code provides that when death occurs as a result of a crime, the heirs of the deceased are entitled to be indemnified for the death of the victim without need of any evidence or proof thereof.[82] Moral damages like civil indemnity, is also mandatory upon the finding of the fact of murder.[83] To conform with recent jurisprudence on heinous crimes where the proper imposable penalty is death, if not for Republic Act No. 9346, the award of civil indemnity and moral damages to the heirs of each of the deceased victims are both increased to P75,000.00 each.[84] | |||||
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2000-03-17 |
GONZAGA-REYES, J. |
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| Finally, accused-appellant would have the Court reconsider his defense of alibi as proper. For alibi to be validly invoked, not only must he prove that he was somewhere else when the crime was committed but he must also satisfactorily establish that it was physically impossible for him to be at the crime scene at the time of commission.[25] In the instant case, the trial court disbelieved accused-appellant's alibi as follows:"Besides, it is hard to believe that accused was attending the birthday party of the daughter of PO3 Ernesto Martin at the time of the commission of the crime. PO3 Ernesto Martin, a defense witness, testified that during the birthday celebration, accused greeted his 10-year old daughter celebrant. However, in the latter part of his testimony, he testified that his said daughter was not there on that date because she lived with her grandmother. If this is so, then it is not true that accused greeted the celebrant in that birthday party. There is doubt also on the testimony of the accused saying that he took 4 bottles and 2 glasses of beer in the birthday party and never left the place even to urinate from 5:00 p.m. to 8:00 p.m. Based on common knowledge and experience, it is highly unbelievable for a person who has taken 4 bottles and 2 glasses of beer not to urinate for 3 hours. Further, he said that at the birthday party he was seated on the bench together with Ex-Mayor Lipana, Barangay Captain Roger Torres and other guests. However, PO3 Ernesto Martin the host of the party, did not mention Ex-mayor Lipana and Barangay Captain Roger Torres as his guests. Furthermore, according to the accused he was informed immediately after the subject incident that Antonio Garcia his first cousin, was shot and he was a suspect to it. If he was not really involved in the shooting, why did he not surrender himself to the police authorities and gave statement about his innocence? He was then with PO3 Ernesto Martin, a police officer, Ernesto Catiis, Bgy. Captain of Bulualto and other guests in the birthday party who were all Barangay Captains and Municipal Officials of San Miguel, Bulacan to whom he could have coursed his surrender. Why did he still wait to be arrested by the NBI agents 3 days after the subject incident. He did not even bother to see or extend assistance to his first cousin who met a horrible fate. His inactions add doubts to his claim of non-involvement in the shooting.[26] | |||||