Friday, April 22, 2016

ALIBI AND DENIAL ARE INHERENTLY WEAK DEFENSES AND MUST BE BRUSHED ASIDE WHEN THE PROSECUTION HAS SUFFICIENTLY AND POSITIVELY ASCERTAINED THE IDENTITY OF THE ACCUSED:

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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