This case has been cited 2 times or more.
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2013-06-03 |
REYES, J. |
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| Further, for alibi to prosper, it must be proved, not only that the assailant was in another place when the crime was committed, but that it was physically impossible for him to be present at the crime scene or its immediate vicinity at the time of its commission altogether.[19] In this case, Bernardo claims the physical impossibility of having committed the crime for the reason that he was still in jail when it was perpetrated. He was ordered released by the RTC of Batac on July 21, 2006; hence, he was no longer a detention prisoner during the commission of the crime. The Batac District Jail is in the same province where the crime was committed and could be easily reached within thirty to forty five minutes from Barangay San Marcos, Sarrat, Ilocos Norte.[20] Having been discharged from jail, Bernardo was also free to move around and was not subject to strict monitoring. This was bolstered by the finding of the RTC that there was no record that Bernardo stayed in jail on the day the crime was perpetrated.[21] Undisputedly, there was no physical impossibility for Bernardo to leave his cell and be present at the shooting incident. | |||||
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2010-08-03 |
CARPIO MORALES, J. |
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| Respecting AAA's inconsistent statements, harped upon by appellant, during the preliminary examination and at the witness stand relative to the location of the room where she was ravished, the defense oddly did not call attention thereto to afford her the opportunity to explain or clarify it as called for under Rule 132, Section 13 of the Rules of Court[25] which provides: SEC. 13. How witness impeached by evidence of inconsistent statements. - Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question is put to him concerning them. (underscoring supplied) | |||||