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PEOPLE v. ABELARDO PENILLOS Y LUCINDO

This case has been cited 3 times or more.

	GR No. 166566 2010-11-23	PEOPLE v. WENCESLAO DERI y BENITEZ MENDOZA, J.
Likewise, his defense of alibi warrants no evidentiary weight. For the defense of alibi to prosper, it must sufficiently prove: (a) the presence of the accused in another place at the time of the commission of the offense; and (b) the physical impossibility for him to be at the scene of the crime.[56] Other than the self-serving testimony of the accused, the Court finds nary an exculpating evidence that would prove that he could not have possibly committed the crime being imputed against him.
	GR No. 186379 2009-08-19	PEOPLE v. BIENVENIDO LAZARO CHICO-NAZARIO, J.
Bienvenido's defense of alibi cannot be believed. For the defense of alibi to prosper, the following must be established: (a) the presence of the accused-appellant in another place at the time of the commission of the offense; and (b) the physical impossibility for him to be at the scene of the crime.[26] Bienvenido testified that he was in the same barangay when the incident took place. This testimony destroys his alibi. Assuming arguendo that Bienvenido was in Barangay Poctoy, a neighboring barangay, when the questioned event took place, still there is a great possibility that he could have traveled from there to the locus criminis in no time. Thus, his defense of alibi cannot prosper.
	GR No. 184598 2009-06-23	PEOPLE v. JULIO MANALILI CHICO-NAZARIO, J.
Furthermore, Julio's defense of alibi and denial cannot be believed, as he himself admitted his proximity to the scenes of the crime when the offense occurred. For the defense of alibi to prosper, the following must be established: (a) the presence of the accused-appellant in another place at the time of the commission of the offense; and (b) physical impossibility for him to be at the scene of the crime.[33] Julio testified that, at the time of the first rape incident, he was in the house were AAA was abused. During the second rape, Julio was in Cabanatuan City, a city near where the occurrence took place. In the third and fourth rape incidents, Julio was just in the place where the crime happened. These requisites were not fulfilled in this case. Thus, his defense of alibi cannot prosper.