This case has been cited 2 times or more.
|
2012-02-15 |
ABAD, J. |
||||
| The alibi of Efren that he was in Maguindanao at about the time the old couple was killed does not encourage belief. The security guard saw him with his brother at 8:30 p.m. of May 27 near the couple's house where they had no business being there. A neighbor saw Efren at the kitchen of that house on the morning following the slaying of the couple. And it was not physically impossible for the accused to be at the crime scene when it happened.[3] Sitio Gila-gila, South Upi, Maguindao was merely 15 kilometers from Lebak, Sultan Kudarat. | |||||
|
2010-03-09 |
PEREZ, J. |
||||
| Alibiis an inherently weak defense and can easily be fabricated.[34] The settled jurisprudence is that categorical and consistent positive identification, absent any showing of ill motive on the part of the eyewitness testifying thereon, prevails over the defenses of denial and alibi which, if not substantiated by clear and convincing proof, as in the case at bar, constitute self-serving evidence undeserving of weight in law.[35] Thus, appellant's alibi, more so that it is not corroborated by any witness, cannot prosper over AAA's positive identification. | |||||