Sunday, October 16, 2011

People of the Philippines v. Florante Relanes alias “Dante”, G.R. No. 175831, April 12, 2011.

Evidence; denial and alibi; positive identification by victim.  
(J. Abad)

Appellant’s defense of denial and alibi should be dismissed outright in light of his positive identification by the victim “AAA.” It is an established jurisprudential rule that denial and alibi, being negative self-serving defenses, cannot prevail over the affirmative allegations of the victim and her categorical and positive identification of the accused as her assailant. Denial and alibi must be proved by the accused with clear and convincing evidence; otherwise, they cannot prevail over the positive testimony of credible witnesses who testify on affirmative matters. The assertion of appellant that he was in Manila on January 9, 2003, does not inspire belief since it remained uncorroborated by clear and convincing evidence that he was really in Manila when the last rape was committed.

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