This case has been cited 2 times or more.
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2003-10-15 |
PER CURIAM |
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| The trial court correctly disregarded appellant's defense of denial and alibi as these cannot prevail over the positive and categorical declarations of his daughter indicting him for the crimes. Besides, the alibi of his being at his place of work does not inspire belief as it did not preclude the possibility of his being at the crime scene at the time the molestations occurred since the distance between his house and his workplace was only six (6) kilometers and travel time between these places was just 30 minutes by bus.[23] As we have repeatedly held, for alibi to prevail, the accused must establish by clear and positive evidence that it was physically impossible for him to have been at the scene of the crime when it happened, not merely that he was somewhere else.[24] | |||||
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2002-11-27 |
PANGANIBAN, J. |
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| aching. She suspected that he had had carnal knowledge of her. However, she could not have known for sure if he had raped her because, by her own testimony, she was not awake at the time of the alleged sexual defilement. She testified as follows: "Q: Now, that night of May, 1995, while you were sleeping, will you please tell the Court if there was unusual incident that happened? A: I was sleeping then I woke up because I felt pain over my body then I found out that my father was lying beside me. Q: What else did you notice? A: I noticed that I have no more panty and when I touched my vagina I found out there was blood. Q: Now, you said that your father was beside you. When you were awaken[ed], will you please tell the Court what was your father doing? A: He was mashing my body, sir. Q: You said you felt pain in your body….. Then what did you do when he was mashing your body. A: I cried, sir. Q: So when you cried, what did your father do? A: He was mashing my body with the bolo pointed at me, sir. Q: So when that bolo as you said was pointed at you and he was mashing your body, what did you do then? A: I cried, sir. Q: And what happened when you cried? A: My mother heard it, sir, and then she asked me why I was crying and he was the one who answered immediately. Q: And what did you father say? A: [']I had kicked her only.['] Q: After that, what transpired? A: My mother had slept again and my father told me that I should keep silent because he will kill us all. x x x x x x x x x Q: Now, you said a while ago that you felt pain over your body. What particular part of your body was painful? A: My vagina, sir. Q: And because of the pain of your vagina and you have said when you touched it, there is blood. What did you ever suspect of anything? A: Yes, sir. Q: What was that? A: That I was raped by my father, sir. Q: Now, after that incident……. Court: Why did you suspect……. Q: Why did you suspect that you were raped by your father? A: Because he was already beside me touching me, sir. Q: And what else made you suspect that your father raped you that moment? Atty. Badecao: Already answered, your honor. Court: No. Answer witness. Witness: A: Because he was touching me, sir. It is not touching my body that I mean but because he sexually abused me. Q: Yes, but what I am asking you is what made you tell that your father raped you at that time? A: Because when I woke up he was already beside me and my panty slip off and he was mashing my body, sir."[11] In People v. Padao,[12] this Court ruled that the essential element of carnal knowledge had not been sufficiently established despite the testimony of the victim that when she woke up, her father was already lying naked beside her, her underwear | |||||