This case has been cited 2 times or more.
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2007-07-24 |
VELASCO, JR., J. |
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| On the other hand, petitioner offers alibi and denial as his defense. It is a settled doctrine that for alibi to prosper, it is not enough to prove that the accused was at some other place when the crime was committed; but the defense must likewise demonstrate that the accused could not have been physically present at the place of the crime, or in its immediate vicinity, during its commission.[23] In considering the physical distance of the accused from the crime scene, the Court has rejected alibi where the two places are in the same municipality,[24] where they are easily accessible by any mode of public transportation,[25] where the distance can be covered by walking for thirty minutes or by riding a vehicle for twenty minutes,[26] or even when it could be reached after approximately an hour.[27] | |||||
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2001-03-16 |
DAVIDE JR., C.J. |
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| As for the other attendant circumstance of dwelling, we hold that there was no definite testimony or evidence to prove that the house where the victim was killed was also his dwelling. Such circumstance cannot be presumed to exist in this case considering that such a presumption can spell the difference between mere incarceration and death for FREDDIE and RICARDO.[17] | |||||