Wednesday, March 24, 2021

Ulterior motive

PEOPLE OF THE PHILIPPINES, appellee, vs. ARTEMIO INVENCION Y SORIANO, appellant. G.R. No. 131636, March 5, 2003.

“The alleged ulterior motive of Elven in testifying against his father also deserves scant consideration. Such insinuation of ill-motive is too lame and flimsy. As observed by the OSG, Elven, who was of tender age, could not have subjected himself to the ordeal of a public trial had he not been compelled by a motive other than to bring to justice the despoiler of his sister’s virtue. There is no indication that Elven testified because of anger or any ill-motive against his father, nor is there any showing that he was unduly pressured or influenced by his mother or by anyone to testify against his father. The rule is that where there is no evidence that the principal witness for the prosecution was actuated by improper motive, the presumption is that he was not so actuated and his testimony is entitled to full credence. (People v. Ramos, 312 SCRA 137, 148 [1999])”