This case has been cited 1 times or more.
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2000-08-15 |
PUNO, J. |
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| alibi.[49] Moreover, for the defense of alibi to prosper, it must be shown that it was physically impossible for the accused to have been at the scene of the crime at the approximate time of its commission.[50] This, the accused failed to do. As borne out by the testimonies of the defense witnesses, Lorio Gallego's house (where Raul. Gallego supposedly was at the time Wilfredo Lamata was stabbed) was only about three to four kilometers away from the scene of the crime - a distance which by motorcycle could be negotiated in ten minutes. As we have previously ruled in People v. Jose:[51] "Extant in our jurisprudence are cases where the distance between the scene of the crime and the alleged whereabouts of the accused is only two (2) kilometers (People v. Lumantas, 28 SCRA 764 [1969] ), or three (3) kilometers , People v. Binsol, | |||||