This case has been cited 1 times or more.
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2000-02-22 |
BELLOSILLO, J. |
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| The prosecution witnesses positively identified accused-appellant as the author of the crime. Faced with this positive identification, he could only offer the defense of denial and alibi. Denials, as negative and self-serving evidence, do not deserve as much weight in law as a positive and affirmative testimony.[7] Alibi as a defense has an inverse relation to positive identification. It is regarded as the weakest and most unreliable of all defenses especially in the light of clear and positive identification of the accused by the prosecution witnesses against whom no motive to falsely testify against the accused can be imputed. Alibi can only prosper by indubitably proving that the accused was somewhere else when the crime was committed, and that he could not have been physically present at the locus criminis or its immediate vicinity at the time of its commission; physical impossibility, in other words, of being in two (2) places at the same time.[8] | |||||