IT IS ALSO AXIOMATIC THAT POSITIVE TESTIMONY PREVAILS OVER NEGATIVE
TESTIMONY. Further, it has been held
that for the defense of alibi to prosper, the accused must prove the following:
(i) that he was present at another place at the time of the perpetration of the
crime; and (ii) that it was physically impossible for him to be at the scene of
the crime during its commission.
Physical impossibility involves the distance and
the facility of access between the crime scene and the location of the accused
when the crime was committed; the accused must demonstrate that he was so far
away and could not have been physically present at the crime scene and its
immediate vicinity when the crime was committed. (PEOPLE VS. EX-MAYOR ESTONILO, SR., [2014]).
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