Sunday, February 7, 2016

Denial is a weak defense



"x x x.


Against the categorical testimonies of the prosecution witnesses, appellant can only offer the defense of denial. However, denial is a self-serving negative evidence, which cannot be given greater weight than that of the declaration of a credible witness who testifies on affirmative matters.[43] Like alibi, denial is inherently a weak defense, which cannot prevail over the positive and credible testimonies of prosecution witnesses who, as in this case, were not shown to have any ill-motive to testify against appellant.[44]

While indeed the defense offered the testimonies of three witnesses who claimed that they heard Jomarie deny that it was appellant who committed the crime, said evidence is insufficient to rebut Jomaries testimony in court on how the crime was committed and who committed it. Appellant himself admitted that Jomarie and Marissa have no reason to lie. In other words, he cannot attribute any ill-motive on the part of the prosecution witnesses to fabricate a story and implicate him in the commission of the crime charged.

x x x."

Read:

PEOPLE OF THE PHILIPPINES,
Plaintiff-Appellee,




- versus-



JERRY JACALNE y GUTIERREZ,
Accused-Appellant.

G.R. No. 168552

Present:

VELASCO, JR., J.Chairperson,
PERALTA,
ABAD,
MENDOZA, and
PERLAS-BERNABE, JJ.
Promulgated:

October 3, 2011