This case has been cited 3 times or more.
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2009-01-20 |
VELASCO JR., J. |
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| Accused-appellant's denial and alibi cannot prevail over the positive identification of him as the perpetrator of the crime.[15] For alibi to prosper, accused-appellant must prove (1) that he was somewhere else when the crime was committed and (2) that he was so far away that he could not have been physically present at the place of the crime or its immediate vicinity at the time of its commission.[16] In this case, accused-appellant failed to offer any evidence that could support his alibi. Assuming that his alibi is true, his residence was a mere three hours away from the victim's hut. It was not physically impossible for him to be present at the crime scene since he could easily board a tricycle to the victim's abaca plantation. Hence, the requisites of alibi were not met. | |||||
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2008-06-30 |
VELASCO JR., J. |
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| As a rule, alibi is considered with suspicion and is always received with caution, not only because it is inherently weak and unreliable but also because it can easily be fabricated.[15] For alibi to prosper, the accused must satisfactorily prove (1) that he was somewhere else when the crime was committed and (2) that he was so far away that he could not have been physically present at the place of the crime or its immediate vicinity at the time of its commission.[16] In this case, petitioner alleged being in Camp Boloan, Kalinga, Apayao on the fateful night in question. Assuming the veracity of this allegation, it would still be not impossible for petitioner to leave the base camp and travel to and arrive in San Carlos City at about 9:30 p.m. of December 29, 1994. | |||||
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2005-10-20 |
AZCUNA, J. |
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| Anent Mario's defense of alibi, despite corroboration from Exequiel Aranas, it is still an inherently weak defense and cannot prevail over a positive identification from a witness found credible by the trial court. Absent arbitrariness or oversight of some fact or circumstance of significance and influence, we will not interfere with the credence given to the testimony of Wilson over that of Mario and that of Exequiel, as assessments of credibility are generally left to the trial court whose proximate contact with those who take the witness stand places it in a more competent position to discriminate between true and false testimony.[14] Moreover, as correctly discussed by the Court of Appeals, the distance between the scene of the crimes and where Mario claims he passed out is not so far away as to prevent him from being physically present at the place of the crimes or its immediate vicinity at the time the crimes were committed.[15] | |||||