This case has been cited 1 times or more.
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2013-07-24 |
DEL CASTILLO, J. |
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| In the case at bench, Marissa failed to satisfy these requisites. During trial, it was shown that the distance between Kagawad Tavora's house and the house of the appellants was only 400 meters. Surely, a distance of 400 meters is not what jurisprudence contemplates when it refers to physical impossibility of the accused to be present at the scene of the crime. We have previously held that two kilometers,[24] three kilometers,[25] and even five kilometers[26] were not too far as to preclude the possibility of the presence of the accused at the crime scene. The mere fact, therefore, that Marissa went to the house of Kagawad Tavora did not preclude her presence at their house at the time the crime happened. | |||||