This case has been cited 4 times or more.
|
2004-05-20 |
VITUG, J. |
||||
| The defense of alibi might prosper if it is at least shown (1) that the accused is in another place at the time of the commission of the offense, and (2) that it would have been physically impossible for him to have been at the crime scene[3] or within its immediate vicinity.[4] Alibi cannot be sustained where it is not only without credible corroboration, but it also does not on its face demonstrate the physical impossibility of the accused's presence at the place and time of the commission of the offense.[5] Appellant himself has admitted that while his class would end at one o'clock in the afternoon, he occasionally would still go back to school late in the afternoon to oversee the school's poultry project. | |||||
|
2002-06-06 |
QUISUMBING, J. |
||||
| As regards the defense of denial proffered by the accused, it is rather weak as there is no doubt that he was the one who perpetrated the acts complained of. He was positively identified by eyewitness Clarita Chua while he was still detained in Camp Karingal and then again inside the courtroom. According to her, [s]he remembered him because of his face, his clothes and his haircut. Her identification is entitled to great weight. The conditions of visibility were favorable. Although the accused was on the other side of the van and its windows were tinted, the sun, according to her, was shining bright at that time such that she could clearly see the person on the other side thereof. Moreover, the glass windows were not heavily tinted and it was accused who opened the door (TSN, February 24, 1998, pp. 47, 51 and 53). There was, therefore, every opportunity for her to see his face. ...[16] (Emphasis supplied.) The trial court rejected appellant's defense consisting mainly of denial. Clarita Chua placed him at the scene and time of the robbery and saw him shoot Mario dela Cruz. In convicting appellant, the trial court relied on the testimony of private complainant whose account of the incident it found to be "positive and categorical."[17] Such positive testimony prevails over appellant's denial[18] of any participation in the robbery with homicide. As established at the trial, Clarita had no ulterior motive to falsely testify against appellant whom she has never met prior to the robbery. Her testimony is thus entitled to full faith and credit.[19] | |||||
|
2001-12-14 |
DE LEON, JR., J. |
||||
| We have carefully reviewed the records and agree with the Solicitor General's observation that the prosecution witness, Lolito Aquino, positively testified that appellant stabbed Elmer Aquino without any provocation from the latter. On the other hand, appellant's testimony of the incident before the court was inconsistent with the facts given in his counter-affidavit[17] dated December 3, 1996. In said counter-affidavit, which was executed more than one year after the stabbing incident, appellant stated that while he was attending a wedding dance at the residence of Feliciano Valdez in Barangay Bigao, Ilagan, Isabela, Elmer Aquino suddenly grabbed the left side of his body and simultaneously tried to stab him with a knife, but he was able to parry the thrust. Before the court a quo, however, he testified that Elmer Aquino tried to stab him when he refused to accede to Elmer's request that they talk outside the dance area, but he was able to parry the thrust. Moreover, appellant stated in his counter-affidavit that in the course of grappling for the possession of the knife, he stabbed and wounded the victim in his body just to stop his unlawful aggression against his person, while he testified in court that in the process of twisting Elmer's right hand (which held the knife) and pushing it away from him (appellant), he accidentally stabbed and wounded Elmer. Although appellant denied the portion in his counter-affidavit wherein he stated that he stabbed and wounded Elmer just to stop the latter's unlawful aggression on his person, claiming that he was still in a state of shock at that time, his denial is hardly credible considering that he executed his counter-affidavit more than one year after the stabbing incident, which is a sufficient period of time for him to recover his composure. The aforementioned inconsistencies only show that the appellant's version of the incident is contrived in his effort to exculpate himself from liability. Further, as observed by the Solicitor General, defense witness Leonard Angangan, who did not see the actual stabbing of the victim, was also inconsistent in his testimony as he first stated that Elmer Aquino did not talk to appellant before he dragged appellant outside, and then later stated that he heard Elmer requesting appellant that they go outside and talk but appellant refused.[18] Pitted against the self-serving testimony of appellant and the testimony of defense witness Leonard Angangan, who did not see the actual stabbing of the victim, the positive testimony of prosecution witness Lolito Aquino deserves more weight and credence. The absence of evidence of improper motive on the part of the prosecution witness Lolito Aquino to testify against the appellant strongly sustains the conclusion that no such improper motive exists and that his testimony is worthy of full faith and credit.[19] | |||||
|
2001-01-24 |
PARDO, J. |
||||
| Considering that the crime occurred on January 9, 1993, before the effectivity of Republic Act No. 7659 which amended the Revised Penal Code, the prescribed penalty for murder in this case is reclusion temporal in its maximum period to death.[19] In the absence of aggravating or mitigating circumstances, the medium period, or reclusion perpetua shall be imposed.[20] | |||||