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are proven and (c) the combination of all circumr stances is such
as to produce conviction beyond reasonable doubt.
Same Same Same Alibi In order for alibi to prevail, the
defense must establish by positive, clear and satisfactory proof that
it was physically impossible for the accused to have been at the
scene of the crime at the
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FIRST DIVISION.
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time of its commission and not merely that the accused was
somewhere else.Aside from being uncorroborated, the various
places which accusedappellants claimed they were staying were
not of such distance as to preclude them from being at the place of
the incident at the probable time of death of the victim. In order
for alibi to prevail, the defense must establish by positive, clear
and satisfactory proof that it was physically impossible for the
accused to have been at the scene of the crime at the time of its
commission, and not merely that the accused was somewhere else.
Same Same Same Same Alibi cannot prevail over the
positive testimony of prosecution witnesses and their clear
identification of the accusedappellants as the perpetrators of the
crime.Also, prosecution witness Carlos Cortez, Jr. positively
identified accusedappellants. Alibi cannot prevail over the
positive testimony of prosecution witnesses and their clear
identification of the accusedappellants as the perpetrators of the
crime.
presiding.
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Contrary to law.
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Testimony of Col. Dario L. Gajardo, TSN, January 19, 1993, pp. 411.
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Report dated January 20, 1993, RTC Record, Criminal Case No. 1945, p. 88.
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People v. Gallarde, G.R. No. 133025, February 17, 2000, 325 SCRA
236
1)
2)
3)
4)
5)
6)
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People v. Magana, 328 Phil. 721, 734 259 SCRA 380, 391 (1996).
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238
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People v. Lagarto, G.R. Nos. 118828 & 119371, February 29, 2000,
326 SCRA 693 People v. Quisay, G.R. No. 106833, December 10, 1999 320
SCRA 450.
25
People v. Ordoo, G.R. No. 132154, June 29, 2000, 334 SCRA 673.
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SO ORDERED.
Davide, Jr. (C.J., Chairman), Puno, Kapunan and
YnaresSantiago, JJ., concur.
Judgment affirmed with modification.
Note.In the light of the positive identification by the
witnesses who have no motive to falsely testify, accused
appellants alibi and denial are rendered worthless. (People
vs. Montero, Jr., 277 SCRA 194 [1997])
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