This case has been cited 2 times or more.
|
2011-03-23 |
VELASCO JR., J. |
||||
| Against all this evidence, accused-appellant's alibi cannot stand. In order for alibi to prosper, accused-appellant must prove two things: first, that he was present at another place at the time of the perpetration of the crime; and second, that it was physically impossible for him to be at the scene of the crime.[46] Physical impossibility is defined as "the distance between the place where the accused was when the crime transpired and the place where it was committed, as well as the facility of access between the two places."[47] Alibi fails "where, owing to the short distance as well as the facility of access between the two places involved, there is least chance for the accused to be present at the crime scene."[48] | |||||