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PEOPLE v. ROGELIO DEL AYRE Y LITRAN

This case has been cited 5 times or more.

	GR No. 202060 2013-12-11	PEOPLE v. FERDINAND BANZUELA LEONARDO-DE CASTRO, J.
The physical impossibility of the accused's presence at the scene of the crime.[58]
	GR No. 141599 2004-06-29	PEOPLE v. CHRISTIAN GONZALES Y CAYUBIT PER CURIAM
Appellant's defense of alibi is inherently weak and cannot prevail over the rape victim's positive identification of her ravisher.[29] For alibi to prosper, he must establish by clear and convincing evidence (a) his presence at another place at the time of the perpetration of the offense and (b) the physical impossibility of his presence at the scene of the crime.[30] Appellant's claim that he was in his place of work in Pasig City at the time the crime was committed does not convince us. It was not physically impossible for him to return to his residence in Parañaque City and perpetrate the crime for his place of work is only a short distance away, as shown by the records.
	GR No. 135675 2004-06-23	PEOPLE v. FEDERICO ORTIZUELA Y EUGENIO PER CURIAM
We likewise reject appellant's defense of alibi. For alibi to succeed as a defense, the accused must establish by clear and convincing evidence (a) his presence at another place at the time of the perpetration of the offense and (b) the physical impossibility of his presence at the scene of the crime.[24] Appellant failed to do so. He testified that he was then plying his route as a tricycle driver. Obviously, it was not physically impossible for him to return home to perpetrate the crime for his route is only within the vicinity of his residence, the scene of the crime, in Pasig City.
	GR No. 157269 2004-06-03	PEOPLE v. JAIME “JIMBOY” ANTONIO Y MACARIO YNARES-SATIAGO, J.
Repeating for emphasis, the offended party in the case at bar is only a little over thirteen (13) years of age. At that point in time, she was not in the possession and exercise of sufficient mental capacity to make an intelligent decision whether to submit herself to sexual intercourse that will bring dishonor to herself and her family. At that age, the offended party was not in the right mind to balance, with deliberation, the good or evil effect of submitting to such sexual act.[10] The force or violence that is required in rape cases is relative; when applied, it need not be overpowering or irresistible. That it enables the offender to consummate his purpose is enough. The parties' relative age, size and strength should be taken into account in evaluating the existence of the element of force in the crime of rape.[11] The degree of force which may not suffice when the victim is an adult, may be more than enough if employed against a person of tender age.
	GR No. 146859 2004-01-20	PEOPLE v. RAUL OBRIQUE Y ANTONIO AZCUNA, J.
For alibi to succeed as a defense, appellant must establish by clear and convincing evidence (a) his presence at another place at the time of the perpetration of the offense and (b) the physical impossibility of his presence at the scene of the crime.[43]