This case has been cited 1 times or more.
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2011-02-21 |
BRION, J. |
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| We find no reason to disturb the RTC's findings, as affirmed by the CA. The eyewitness account of Mario Makahilig is more plausible than the appellant's alibi. Positive identification, where categorical, consistent and not attended by any showing of ill motive on the part of the eyewitnesses, prevails over alibi and denial,[11] particularly where the appellant had not shown the physical impossibility of his access to the victim at the time and place of the crime.[12] The RTC correctly appreciated conspiracy since the simultaneous acts of the accused during the stabbing disclosed a unity of objective.[13] Treachery qualified the killing to murder. Although frontal, the attack was unexpected, and the unarmed victim was in no position to repel the attack.[14] Since neither aggravating nor mitigating circumstances attended the commission of the felony, the trial court properly imposed the penalty of reclusion perpetua. | |||||