E-Library - Information At Your Fingertips: Printer Friendly 8 of 14 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62543 [25.] Na hinihiling ko na bigyang halaga ng Kataastaasang Hukuman ang aking pinanumpaang salaysay sapagkat hindi kaya ng konsensya ko ang hindi magsalita kung makukulong si Avelino Angeles na walang kasalanan kay Jacqueline Cruz. [26.] Ngayon ko napagtanto na planado ni Jacqueline Cruz ang ginawa kay Avelino Angeles sapagkat matapos niyang imbitahan at pasunurin sa bahay niya para paligayahin niya at sabihin niya sa akin na "Ngarat niya, paglalawayin ko lang siya, di niya ako matitikman." Given that the second affidavit was belatedly executed, thus, not marked during pretrial and not formally offered, the Court may not assign any evidentiary weight and value to the same. It bears stressing that the affidavit is not in any way considered by this Court as proof of accused-appellant's non-guilt. The Court's appreciation of the second affidavit is highly limited. At most, the affidavit serves as further proof that another person was present when the incident happened. To the mind of this Court, such circumstance, when considered alongside the fact that the prosecution initially wanted to present Alvarez as a hostile witness but failed to do so, casts doubt on the conviction which was solely based on the purported victim's testimony. It is also worth noting that although the prosecution had an opportunity to attack the veracity of the second affidavit when they filed their Comment on the Petition for Review, they nevertheless failed to do so. Denial versus Positive Identification The CA dismissed as weak accused-appellant's defense of denial for the CA, the denial of accused-appellant cannot prevail over the positive and categorical testimony of the private complainant who testified that she was roused from her sleep by the weight of accused-appellant who was on top of her and sucking her breasts.[35] The much debated and highly controversial case of People v. Webb, et al.[36] comes to mind. Indeed, we look forward to the day wrongful convictions become a thing of the past. We thus take this opportunity to reiterate and echo the discussion on denials and positive identification We made in Webb,[37] lest it be forgotten: "But not all denials and alibis should be regarded as fabricated. Indeed, if the accused is truly innocent, he can have no other defense but denial and alibi. So how can such accused penetrate a mind that has been made cynical by the rule drilled into his head that a defense of alibi is a hangman's noose in the face of a witness positively swearing, [']I saw him do it.['] Most judges believe that such assertion automatically dooms an alibi which is so easy to fabricate. This quick stereotype thinking, however, is distressing. For how else can the truth that the accused is really innocent have any chance of prevailing over such a stone-cast 4/21/2020, 9:21 AM