This case has been cited 2 times or more.
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2011-01-12 |
CARPIO, J. |
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| Nagares' alibi and denial deserve scant consideration. Well-entrenched is the rule that alibi, which is inherently weak, cannot prevail over the positive identification made by the eyewitnesses at the crime scene.[15] Here, Constantino positively identified Nagares as one of the perpetrators of the crime overthrowing the latter's alibi and denial. More importantly, Nagares miserably failed to establish the physical impossibility for him to be at the crime scene at the time of the commission of the felony. Nagares testified that on that fateful day, he was sleeping in his sister's house on F. Asedillo Street, Katipunan, Pasig City. He also claimed that on that day he was treated at Rizal Medical Center. It was not shown that it was impossible for Nagares to reach and be at the crime scene whether he was coming from his sister's residence or from the hospital. Further, the defense failed to present any hospital record substantiating Nagares' claim. | |||||