This case has been cited 1 times or more.
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2003-02-12 |
BELLOSILLO, J. |
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| The defense also faults the trial court for rejecting the testimonies of the defense witnesses. We rule that the lower court did so properly. Evidence indicates that they were merely requested to testify for the accused to corroborate his alibi. Moreover, the defense of alibi cannot be sustained as these witnesses failed to show that not only was the accused somewhere else when the crime was committed but that it was also physically impossible for him to be present at the place of the crime or its immediate vicinity at the time of its commission.[24] Their testimonies cannot prevail over the complainant's positive identification of the accused as the perpetrator of the crime.[25] | |||||