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PEOPLE v. VS.NOEL BANIEL

This case has been cited 4 times or more.

2000-01-18
BELLOSILLO, J.
Moreover, for alibi to be given weight, accused-appellants must prove not only that they were somewhere else when the crime was committed but that they were so far away that it was physically impossible for them to be present at the scene of the crime or its immediate vicinity at the time of its commission.[19] The evidence on record reveals that it was not physically impossible for them to be at the locus criminis considering that all of them and their victim lived in a small barrio. In fact, the Alibs and the Calapans were neighbors, residing only fifty (50) meters from each other.