This case has been cited 2 times or more.
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2008-02-19 |
YNARES-SATIAGO, J. |
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| It must be emphasized that while denial and alibi are legitimate defenses in rape cases, bare assertions thereof cannot overcome the categorical testimony of the victim.[17] For the defense of alibi to prosper, the accused must not only prove his presence at another place at the time of the commission of the offense, but he must also demonstrate that it would be physically impossible for him to be at the locus criminis at the time of the commission of the crime.[18] In People v. Grefaldia,[19] we held:Alibi is one of the weakest defenses. It is easy to fabricate and difficult to disprove. For the defense of alibi to prosper, the accused must establish with clear and convincing evidence not only that he was somewhere else when the crime was committed but also that it was physically impossible for him to have been at the scene of the crime at the time it was committed. Appellant failed to conclusively show that it was physically impossible for him to be at the scene of the crime at the time of its commission. [20] | |||||
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2004-02-13 |
PER CURIAM |
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| The appellant's alibi does not merit serious consideration. For alibi to prosper, it is not enough that the appellant proved that he was somewhere else when the crime was committed, but he must likewise demonstrate that he could not have been physically present at the place of the crime or in its immediate vicinity at the time of its commission.[62] Here, at the time of the incident, the appellant claims that he was sleeping at Dalisay's house located at Barangay Calangkawan Sur, Vinzons, Camarines Norte, which place, however, is the locus criminis. Clearly, there was no physical impossibility for the appellant to be present at the scene of the crime at the time of its commission. Likewise, the defense of alibi must be supported by credible corroboration, preferably from disinterested witnesses who will swear that they saw or were with the accused somewhere else when the crime was being committed.[63] Although the appellant's alibi was corroborated by Rudy Cañelas, Marco Antonio Rivera and Modesto Cañelas, such corroboration is not credible for the said witnesses cannot be considered as a disinterested witnesses, they being the cousins of the appellant. Alibi is commonly regarded as weak if it is sought to be established wholly or mainly by the accused himself or his relatives.[64] But even if we consider Rudy and Antonio's testimonies, the same were not sufficient to establish the whereabouts of the appellant at the time of the alleged rape. They testified that on the night in question, they all went to sleep at around 8:00 p.m., and woke up very early the following morning at about 1:00 a.m. The crime was committed at about 10:00 p.m. It cannot, therefore, be declared with certainty that the appellant remained asleep at the house of Dalisay and did not go to the scene of the crime. Similarly unacceptable is the testimony of Modesto that he never slept a wink until the wee hours of the next morning because he was preparing food for the occasion, and that he saw the appellant and his group sleeping at the balcony until they woke up at around 1:00 a.m. It was impossible for Modesto to have watched over the appellant the entire time during the latter's alleged stay in his house. The trio's corroborating testimonies are not only biased for it is a natural desire for relatives to exculpate a kin from criminal liability; it is also inconclusive. Alibi is at best a weak defense and easy of fabrication especially between parents and children, relatives, and even those not so related.[65] For alibi to be credible, it must count with a strong corroboration. Moreover, the appellant's alibi, aside from being inherently weak, has been rendered inutile by the fact that he was conclusively identified by Jonalyn, his victim.[66] In People v. Grefaldia,[67] we reiterated the almost inflexible rule etched in out jurisprudential stone that alibi cannot prevail over the positive identification of the accused as the perpetrator of the crime. | |||||