146934237-Criminal-Law-II-Digests-doc

For each count of rape he shall pay aaa the sum of

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For each count of rape, he shall pay [AAA] the sum of Fifty Thousand Pesos (Php50,000.00) by way of civil indemnity and the sum of Fifty Thousand Pesos (P50,000.00) by way of moral damages. Pursuant to Administrative Circular No. 4-92-A of the Court Administrator, accused transferred to Bureau of Corrections, Muntinlupa City, Metro Manila after the expiration of fifteen (15) days from date of promulgation People v. Mateo: For cases in which the penalty imposed by the trial court is death, reclusion perpetua , or life imprisonment, the case was transferred, for appropriate action and disposition, to the CA. CA: Affirmed RTC; GUILTY of two counts of rape. Issues: (1) Whether material inconsistencies in claims of witnesses vs. his alibi warrant his acquittal (NO) (2) Whether the court committed error in relying on the demeanor of prosecution witnesses when it did not have opportunity to hear witnesses (3) Whether conduct of accuse is unlikely to yield guilty verdict (NO) (4) Whether award of damages is correct (NO) HELD: Accused-appellant’s conviction SUSTAINED 1. a. Alibi is an inherently weak defense He contends that although denial and alibi are the weakest defenses in criminal cases, consideration should also be given to the fact that denial becomes the most plausible line of defense considering the nature of the crime of rape where normally only two persons are involved. It should be noted that for alibi to prosper, it is not enough for the accused to prove that he was in another place when the crime was committed. He must likewise prove that it was physically impossible for him to be present at the crime scene or its immediate vicinity at the time of its commission. A review of the records in the instant case would reveal that accused-appellant failed to present convincing evidence that he did not leave his house, which is only Criminal Law II. D2016 Digests. 28 Compiled by: HIPOLITO
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about 150 meters away from the shack of AAA, in the evening of April 28, 2001. Significantly, it was also not physically impossible for accused-appellant to be present on the mountain where he allegedly raped AAA at the time it was said to have been committed. Alibi, as a defense, is inherently weak and crumbles in light of positive identification by truthful witnesses. It is evidence negative in nature and self-serving and cannot attain more credibility than the testimonies of prosecution witnesses who testify on clear and positive evidence. In addition, alibi becomes more unworthy of merit where it is established mainly by the accused himself and his or her relatives, friends, and comrades-in-arms, and not by credible persons. 1.b. As between the statement made in an affidavit and that given in open court, the latter is superior Material inconsistencies in the testimonies and affidavits: (1) whether accused-appellant’s penis was erect or not; and (2) whether AAA indeed recognized accused-appellant when they were already on the mountain or while they were still in the shack.
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  • Fall '16
  • Salomé , criminal law, Philippine Republic, Treason

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