This case has been cited 3 times or more.
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2011-04-04 |
BERSAMIN, J. |
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| The rejection was warranted. Long judicial experience instructs that their denial and alibis, being too easy to invent, could not overcome their positive identification by credible Prosecution witnesses whose motives for the identification were not shown to be ill or vile. Truly, a positive identification that is categorical, consistent, and devoid of any showing of ill or vile motive on the part of the Prosecution witnesses always prevails over alibi and denial that are in the nature of negative and self-serving evidence.[43] To be accepted, the denial and alibi must be substantiated by clear and convincing evidence establishing not only that the accused did not take part in the commission of the imputed criminal act but also that it was physically impossible for the accused to be at or near the place of the commission of the act at or about the time of its commission. In addition, their proffered alibis were really unworthy of credit because only the accused themselves and their relatives and other intimates substantiated them.[44] | |||||