Sunday, June 30, 2024

Denial and Alibi

 "The defense of denial and alibi, as held by the Court of Appeals, is weak compared to the positive identification of the appellants as the perpetrators.[49] Alibi and denial, if not substantiated by clear and convincing evidence, are negative and self-serving evidence undeserving of weight in law.[50] Where there is the least possibility of the presence of the accused at the crime scene, the alibi will not hold water.[51] In this matter, the Court has consistently ruled as follows:


The Court has considered the defense of denial and alibi put up by the accused, but finds them relatively weak and insufficient to overcome the positive and categorical identification of the accused as perpetrators. The rule is that the defense of denial, when unsubstantiated by clear and convincing evidence, is negative and self-serving and merits no weight in law and cannot be given greater evidentiary value than the testimony of credible witnesses who testified on affirmative matters.[52] (Citations omitted.)


Both the trial court and the Court of Appeals found the defense of denial and alibi to be insufficient to overthrow the prosecution's evidence against the appellants, who failed to prove that it was physically impossible for them to be at the scene of the crime when the incidents occurred."


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, 

VS. 

EDUARDO GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS NACIONALES Y FERNANDEZ, ACCUSED-APPELLANTS.


G.R. No. 205307, January 11, 2018. 

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63799


Right to Counsel in relation to Police Lineup

 "The Court of Appeals emphasized that the prohibition against custodial investigation conducted without the assistance of counsel does not extend to a person in a police line up. This particular stage of an investigation where a person is asked to stand in a police line up has been held to be outside the mantle of protection of the right to counsel because it involves a general inquiry into an unsolved crime and is purely investigatory in nature. It has been held that identification without the presence of counsel at a police line up does not preclude the admissibility of in-court identification. "


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, 

VS. 

EDUARDO GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS NACIONALES Y FERNANDEZ, ACCUSED-APPELLANTS.


G.R. No. 205307, January 11, 2018. 

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63799


Proof of Conspiracy

 "Anent the issue of conspiracy, the Court of Appeals stated that for collective responsibility to be established, it is not necessary that conspiracy be proven by direct evidence or prior agreement to commit the crime nor is it essential that there be proof of previous agreement to commit a crime. Conspiracy may logically be inferred from acts and circumstances showing the existence of a common design to commit the offense charged. It is sufficient that the malefactors acted in concert pursuant to the same objective. Due to conspiracy, the act of one is the act of all.[39] Furthermore, conspiracy exists when, at the time of the commission of the offense, the malefactors had the same purpose and were united in their action.[40] "


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, 

VS. 

EDUARDO GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS NACIONALES Y FERNANDEZ, ACCUSED-APPELLANTS.


G.R. No. 205307, January 11, 2018. 

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63799


Child Witness with Cerebral Palsy

 "The Court of Appeals, at the outset, affirmed that the lone survivor, Cherry Mae Bantiway, is a competent witness although she is suffering from cerebral palsy, citing the rule that any child can be a competent witness if he/she can perceive, and perceiving, can make known his/her perception to others and of relating truthfully facts respecting which he/she is examined. The Court of Appeals held that even if Cherry Mae has cerebral palsy, she can still perceive and make known her perception, as per Dr. Hernandez's explanation in her testimony, which is quoted below:


Q:

You said that what you saw in Cherry Mae Bantiway was typical of...?

A:

Cerebral palsy, Sir.

   

Q:

Will you please explain to us what kind of a sickness or diseases (sic) is this?

A:

Cerebral palsy is a disease of the brain characterized by a non-progressive motor imperment (sic), non-progressive means to say it will not become worst and it is solely focused on the motor system movement, Sir.

   


x x x x

   

Q:

In other words, Dra. this (sic) patient's (sic) can still perceive and make known their perception?

A:

Yes, Sir.

   

Q:

This is brain damage which involves the motor nerves?

A:

The motor system, Sir.

   

Q:

And aside from the motor system the brain is functioning?

A:

Yes, Sir.

   

Q:

In other words, the damage of the brain is not total?

A:

Yes, Sir"

   


x x x x

   

"Q:

You said that you made this examination, did you find out whether she has the ability to recall the events that happen (sic) in the past?

A:

Yes, Sir.

   

Q:

You know you've been told that this particular patient was the victim of violence, is that correct?

A:

Yes, Sir.

   

Q:

And in accordance with your examination, did you find out whether she can recall some events which happened when injuries were inflicted on her?

A:

I only asked her if she had a playmate and she said she has a playmate a young boy, and where is he now because I did not like to get it from her really like to lead her into a question but I asked her whether she had a playmate and she said yes and where was your playmate now, he's not there anymore and what happen (sic) to him she called her baby "ading" and where is he now she told me that he was hit on the head, Sir.

   

Q:

How did she tell you?

A:

She told me "napakpak sa ulo" and she even gestured but that's all, I did not like to deal more or other things, Sir.

   

Q:

In other words Dra it was obvious at the time that she could recall some incident that happened?

A:

Yes, Sir.

   

Q:

Now this patient Cherry Bantiway Dra in your opinion was she capable of concocting events or manipulating facts considering her mental condition?

A:

No, Sir.[37]

The Court of Appeals found no compelling reason to overturn the RTC decision because there is no clear basis that the latter erred in finding that Cherry Mae is a competent witness. The Court of Appeals stressed that the trial judge is in the best position to determine the competence as well as the credibility of Cherry Mae as a witness since the trial judge has the unparalleled opportunity to observe the witnesses and to assess their credibility by the various indicia available but not reflected in the record. On the allegation that Cherry Mae is mentally retarded as opined by Dr. Francisco Hernandez, the Court of Appeals held that this is insufficient reason to disqualify a witness, for a mental retardate who has the ability to make perceptions known to others can still be a competent witness.


Regarding appellants' allegations that Cherry Mae was not able to identify them in the initial stages of the investigation, the Court of Appeals stated that at the time of these initial confrontations at the hospital and at the police station, Cherry Mae had just survived from the incident where there were brutal killings and where she herself had sustained a fatal wound on her head. As such, the Court of Appeals noted that the condition of the child, being already afflicted with cerebral palsy, was aggravated by the head injuries inflicted on her, not to mention the state of shock and fear she might have been experiencing at that time. Thus, the Court of Appeals considered that the purported non-identification by child of the appellants at the initial stages of the investigation is of no moment and is not fatal to the prosecution's case.[38]


Furthermore, the Court of Appeals held that where there is no evidence to show any improper motive on the part of the prosecution witness to testify falsely against the accused or to falsely implicate him/her in the commission of a crime, the logical conclusion is that the testimony is worthy of full faith and credence. In the case at bar, there is no showing that the witnesses for the prosecution had any motive to testify falsely against the appellants."


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, 

VS. 

EDUARDO GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS NACIONALES Y FERNANDEZ, ACCUSED-APPELLANTS.


G.R. No. 205307, January 11, 2018. 

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63799


Direct appeal to the Supreme Court in capital offenses

 "Conformably with the decision promulgated on 7 July 2004 in G.R. Nos. 147678-87, entitled The People of the Philippines vs. Efren Mateo y Garcia, modifying the pertinent provisions of the Revised Rules on Criminal Procedure, more particularly Section 3 and Section 10 of Rule 122, Section 13 of Rule 124, Section 3 of Rule 125 and any other rule insofar as they provide for direct appeals from the Regional Trial Courts to the Supreme Court in cases where the penalty imposed is death, reclusion perpetua, or life imprisonment, as well as the resolution of the Supreme Court en banc, dated 19 September 1995, in "Internal Rules of the Supreme Court" in cases similarly involving the death penalty, pursuant to the Court's power to promulgate rules of procedure in all courts under Article VIII, Section 5 of the Constitution, and allowing an intermediate review by the Court of Appeals before such cases are elevated to this Court, the Court Resolved to TRANSFER these cases to the Court of Appeals, for appropriate action and disposition.[35] "


PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, 

VS. 

EDUARDO GOLIDAN Y COTO-ONG, FRANCIS NACIONALES Y FERNANDEZ, AND TEDDY OGSILA Y TAHIL, ACCUSED, EDUARDO GOLIDAN Y COTO-ONG AND FRANCIS NACIONALES Y FERNANDEZ, ACCUSED-APPELLANTS.


G.R. No. 205307, January 11, 2018. 


https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63799


Monday, June 10, 2024

Corruption in the Judiciary

 #Corruption in the #Judiciary cannot be solved by perfunctory administrative/disciplinary #investigations alone. #AdministrativeCases are Reactive, not Proactive. The Judiciary should have its own Internal Rules to encourage #whistleblowers and to grant them #immunity as they reveal corruption-related information and documents that only #insiders know. Further, it is time for the Judiciary to establish its own Internal #Intelligence and #CounterIntelligence Divisions in the #JudiciaryIntegrityBoard and/or the #OfficeoftheCourtAdministrator. The said judicial offices must be #regionalized, too. The Office of Judicial Marshalls take care only of the security of judicial officers and personnel exposed to death threats. They're not into corruption-linked Intelligence and Counter-Intelligence missions in the Judiciary. Three serious issues weaken the Judiciary and the #RuleofLaw, whether here in the Philippines or abroad: (1) #Delay in the #AdministrationofJustice.  

(2) #Graft and #Corruption. 

(3) Lack of #Independence. The rest of the problems facing the Judiciary are secondary, like Computerization, Construction of New Halls of Justice, Compensation, Retirement, Continuing Judicial Education, Recruitment, and other Routine Administrative Issues.


Atty. Manuel Laserna Jr.