The denial of respondent, which is unsubstantiated by clear and convincing evidence, is plainly a negative self-serving assertion which deserves no weight in law, and cannot prevail over the positive and forthright declarations of the prosecutors who from all indications were never actuated by improper motives. As found by Mme. Justice Griño-Aquino, "[n]either Zuño nor Formaran III had any motive to concoct falsehood against Justice Demetria."
Respondent argues that his culpability must be established beyond reasonable doubt. We agree. But, we have often said, proof beyond reasonable doubt does not mean such absolute certainty as to exclude the possibility of error. Only moral certainty is required, or that degree of proof which produces conviction in an unprejudiced mind. In the instant case, we believe that that requisite degree of proof has been met.
A.M. No. 00-7-09-CA December 19, 2001
In Re: Derogatory News Items Charging Court of Appeals Associate Justice Demetrio G. Demetria with Interference on Behalf of a Suspected Drug Queen: Court of Appeals Associate Justice Demetrio G. Demetria, respondent.
No comments:
Post a Comment