Friday, January 15, 2016

the presumption of innocence mandated by the Constitution that can be overcome only by clear and convincing evidence establishing the guilt of the accused.

The tendency of the trial court in rape cases is to give credence to the complainant's testimony on the theory that she would not deliberately expose herself to public ridicule and to searching questions about the embarrassing details of her claimed outrage unless she was really telling the truth.  The counterfoil to this supposition is the presumption of innocence mandated by the Constitution that can be overcome only by clear and convincing evidence establishing the guilt of the accused.

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GERARDO TERESO, ACCUSED-APPELLANT.

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