Friday, February 24, 2012

Alibi rejected - G.R. No. 197815

G.R. No. 197815

"x x x.

Lastly, it is a settled rule that the defense of alibi cannot prevail over the positive identification of the accused by a credible witness.[14] Under the circumstances, the alibi of the appellant is weak. The alibi was not corroborated; it also failed to satisfy the requirement of physical impossibility and the lack of facility to access the two places.[15] The records, in this regard, show that the place of the wake of the appellant’s grandfather and the place of the rape were located in the same barangay.[16]

x x x."