This case has been cited 3 times or more.
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2000-12-04 |
BELLOSILLO, J. |
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| Second. In light of this positive and direct evidence of accused-appellant's culpability, the trial court correctly discarded his defense of alibi. It is an elementary rule that alibi cannot prevail over the clear and positive identification of the accused as the very person who committed the crime. Moreover, in order to justify an acquittal based on this defense, the accused must establish by clear and convincing evidence that (a) he was in another place at the time of the commission of the offense; and, (b) it was physically impossible for him to be at the scene of the crime at the time it was committed.[21] This, accused-appellant miserably failed to do. | |||||
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2000-04-12 |
YNARES-SANTIAGO, J. |
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| There is treachery when the offenders commit any of the crimes against persons employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make.[45] In order that alevosia may be appreciated as a qualifying circumstance, it must be shown that : a.] the malefactor employed means, method or manner of execution affording the person attacked no opportunity to defend himself or to retaliate; and b.] the means, method or manner of execution was deliberately or consciously adopted by the offender.[46] | |||||