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PEOPLE v. ROBERTO GINGOS y LATABI and NESTOR MARGOTE y CAICDOY

This case has been cited 3 times or more.

2011-03-06
VELASCO JR., J.
Furthermore, Alverio's defense of alibi cannot stand versus the positive identification of AAA. Nothing is more settled in criminal law jurisprudence than the rule that alibi and denial cannot prevail over the positive and categorical testimony and identification of the accused by the complainant.[36]
2010-06-29
VELASCO JR., J.
What is more, alibi is considered as one of the weakest defenses not only due to its inherent weakness and unreliability, but also because it is easy to fabricate.[58] Nothing is more settled in criminal law jurisprudence than the doctrine that alibi cannot prevail over the positive and categorical testimony and identification of the accused by the complainant.[59] Such is the situation in the instant case. Accused-appellant was positively and categorically identified not only by the victim but as well as her brother. As has been consistently ruled by this Court, an affirmative testimony is far stronger than a negative testimony especially when it comes from the mouth of a credible witness and alibi, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law.[60]
2009-06-05
VELASCO JR., J.
What is more, both denial and alibi are considered as the weakest defenses not only due to their inherent weakness and unreliability, but also because they are easy to fabricate.[23] Nothing is more settled in criminal law jurisprudence that alibi and denial cannot prevail over the positive and categorical testimony and identification of the accused by the complainant.[24] Such is the situation in the instant case. Malate was positively and categorically identified by the complainant. As has been consistently ruled by this Court, an affirmative testimony is far stronger than a negative testimony especially when it comes from the mouth of a credible witness. And both alibi and denial, if not substantiated by clear and convincing evidence, are negative and self-serving evidence undeserving of weight in law.[25]