And while Roy Randy Abayan insisted he did not conspire with co-accused and his supposed employers Marilou Abadiez and Angelo Lascuña, judge Soliver Peras said that denial, when unsubstantiated with clear and convincing evidence, are negative and self-serving.
In convicting Abayan, Peras pointed out Abayan failed to present Abadiez in court to prove his innocence, considering that Abadiez has earlier pleaded guilty to the charge.
Lascuña, on the other hand, remains missing.
"The mere fact that the defense failed to present her, even considering that she is their neighbor, would show that she could not corroborate accused Abayan’s claim of innocence," the court said.
Citing jurisprudence, the court said that denials, unsubstantiated by clear and convincing evidence are negative, self-serving evidence that deserves no weight in law and cannot be given greater evidentiary weight over the testimony of credible witnesses, who testified on affirmative matters.  Joeberth M. Ocao/MEEV