This case has been cited 2 times or more.
|
2005-05-26 |
CHICO-NAZARIO, J. |
||||
| The petitioners interposed an appeal[7] with the Court of Appeals, docketed as CA-G.R. CV Case No. 37369. They contended that the trial court had no authority or power in holding that the mentioned Cadastral Decree No. 260177 in Civil Case No. 4049 should be considered a typographical error; that the trial court gravely erred in holding that the judgment in Civil Case No. 4049 is a bar to Civil Case No. 136-B which was an action to declare Original Certificate of Title (OCT) No. 5367 and Transfer Certificate of Title (TCT) No. T-4344 a nullity; and that the trial court gravely erred in dismissing the complaint. | |||||
|
2002-02-28 |
PER CURIAM |
||||
| It is a well-settled rule that positive identification of the accused, where categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which if not substantiated by clear and convincing evidence are negative and self-serving evidence undeserving of weight in law. [37] Furthermore, in order that the defense of alibi may prosper, accused-appellant must establish 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. [38] In the case at bar, the place of commission of the rapes --- somewhere between Tam-awan and Longlong --- and the boarding house where accused-appellant alleged he was in the evening of July 14, 1998, are both situated within Baguio City. The distance between Tam-awan and Aurora Hills, especially at dawn, can be traversed in just a matter of minutes. | |||||