Wednesday, February 26, 2014

REVIEWING THE EVIDENCE IN RAPE CASES:

     sweetheart defense.  The sweetheart defense is a much-abused defense that rashly derides the intelligence of the Court. Being an affirmative defense, the invocation of a love affair must be supported by convincing proof.  In this case, apart from his self-serving assertions, Cabanilla offered no sufficient and convincing evidence to substantiate his claim that they were lovers. (People vs. Arsenio Cabanilla, G.R. No. 185839, November 17, 2010, Mendoza, J.).

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