This case has been cited 1 times or more.
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2003-09-30 |
QUISUMBING, J. |
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| The foregoing circumstances clearly show that appellant had the motive, the opportunity, and the means to commit the crime at the place and time in question. Simply put, the circumstantial evidence adduced by the prosecution has successfully overcome the claim of innocence by appellant. Under the proved circumstances, appellant's defense of alibi is untenable. More so, in this situation where prosecution witness Bayanes unflinchingly declared that she saw appellant standing behind the victim, tucking a gun in his pants, moments after the latter was shot. As we held in People v. Salveron,[103] and reiterated in People v. Sesbreño,[104] where an eyewitness saw the accused with a gun, seconds after the gunshot and after the victim fell to the ground, the reasonable conclusion is that said accused killed the victim. | |||||