People Vs Joson.docx

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5. People vs Joson G.R. No. 206393, January 21, 2015 Appellant was charged with violation of Articles 266-A of the Revised Penal Code. The prosecution’s evidence is based on the sole testimony of the victim. AAA lives with appellant and his common-law partner. Appellant admitted that AAA is his sister but he proffered the defense of alibi. Appellant vehemently denied the accusation against him and speculated that AAA resented him because he was strict with his sister. Appellant also denied writing the apology letter and presented his specimen handwriting in court. Whether the accused defense should prevail. With respect to appellant’s defense of denial and alibi, it is an of repeated rule that positive identification where categorical and consistent and without any showing of ill-motive on the part of the eyewitness testifying on the matter prevails over a denial which, if not substantiated by clear and convincing evidence is negative and self-serving evidence undeserving of weight in law. They cannot be given greater evidentiary value over the testimony of credible witnesses who testify on affirmative matters.

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