This case has been cited 3 times or more.
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2009-11-25 |
CHICO-NAZARIO, J. |
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| The twin defenses of denial and alibi raised by accused-appellant must fail in light of the positive identification made by one of his victims, Jay. Alibi and denial are inherently weak defenses and must be brushed aside when the prosecution has sufficiently and positively ascertained the identity of the accused.[20] It is only axiomatic that positive testimony prevails over negative testimony.[21] Accused-appellant and his two victims reside in the same barangay and are therefore familiar with one another. Thus, Jay could not have been mistaken on accused-appellant's identity. For alibi 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 accused was somewhere else.[22] Accused-appellant's alibi that he was at his sister's house at the time of the shooting, and that his cousin Pinoy later went to him and told him that he had shot the Valencias was disproved by Cristina, accused-appellant's sister and witness. Cristina testified that her brother, accused-appellant, did not visit her on the night of the incident. Moreover, where the defense of denial remains unsubstantiated by clear and convincing evidence, it becomes negative and self-serving, and must not be given more evidentiary value vis-à-vis the affirmative testimony of a credible witness.[23] | |||||
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2003-04-29 |
YNARES-SANTIAGO, J. |
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| A careful review of the records of the case at bar shows that the trial court did not miss any such material circumstance, nor did it commit any palpable error in upholding the facts as established by the prosecution. We see no reason to doubt the positive and straightforward testimonies of the prosecution eyewitnesses, Manuel Bareng and Eduardo Bata, that the appellants ganged up on the defenseless victim. These witnesses were not shown to have been impelled by ill-motive to falsely testify against the appellants, hence, their testimony is entitled to full faith and credit.[18] | |||||
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2002-08-29 |
YNARES-SANTIAGO, J. |
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| to recruit workers for deployment abroad. In fact, even without consideration for accused-appellant's "services", she will still be deemed as having engaged in recruitment activities, since it was sufficiently demonstrated that she promised overseas employment to private complainants.[28] Illegal recruitment is committed when it is shown that the accused-appellant gave the private complainants the distinct impression that she had the power or ability to send complainants abroad for work such that the latter were convinced to part with their money in order to be employed.[29] To be engaged in the practice and placement, it is plain that there must at least be a promise or offer of an employment from the person posing as a recruiter whether locally or abroad.[30] Undoubtedly, the acts of accused-appellant showed unity of purpose with those of co-accused Gallardo. All these acts establish a common criminal design mutually deliberated upon and accomplished through coordinated moves. There being conspiracy, accused-appellant shall be | |||||