Edgar
Esqueda vs. People of the Philippines GR 170222, June 18, 2009
Defense of Alibi
Facts:
Edgar Esqueda and one John Doe were charged with two (2) counts of Frustrated Murder in two (2) separate Amended Informations. Accused Edgar entered a plea of not guilty. Accused John Doe remains at-large.
On December 12, 2001, the Regional Trial Court (RTC) of Dumaguete City, Branch 33, rendered a Decision acquitting the petitioner in Criminal Case No. 14612 and convicting him in Criminal Case No. 14609. The CA rendered a Decision dated August 19, 2004 dismissing the appeal and affirming the decision of the RTC.
Hence, this petition assigning the following error:
WHETHER THE TRIAL COURT GRAVELY ERRED IN FINDING THE PETITIONER GUILTY BEYOND REASONABLE DOUBT OF FRUSTRATED HOMICIDE AND IN TOTALLY DISREGARDING HIS DEFENSE.
Petitioner's defense is anchored on alibi and denial. His witnesses, Claudio, Domingo and Viviana, aver that during the time of the incident, petitioner was out at sea fishing. Petitioner, when called to the witness stand, denied having committed the crime.
Defense of Alibi
Facts:
Edgar Esqueda and one John Doe were charged with two (2) counts of Frustrated Murder in two (2) separate Amended Informations. Accused Edgar entered a plea of not guilty. Accused John Doe remains at-large.
On December 12, 2001, the Regional Trial Court (RTC) of Dumaguete City, Branch 33, rendered a Decision acquitting the petitioner in Criminal Case No. 14612 and convicting him in Criminal Case No. 14609. The CA rendered a Decision dated August 19, 2004 dismissing the appeal and affirming the decision of the RTC.
Hence, this petition assigning the following error:
WHETHER THE TRIAL COURT GRAVELY ERRED IN FINDING THE PETITIONER GUILTY BEYOND REASONABLE DOUBT OF FRUSTRATED HOMICIDE AND IN TOTALLY DISREGARDING HIS DEFENSE.
Petitioner's defense is anchored on alibi and denial. His witnesses, Claudio, Domingo and Viviana, aver that during the time of the incident, petitioner was out at sea fishing. Petitioner, when called to the witness stand, denied having committed the crime.
Issue:
Ruling:
No. We have unfailingly held that alibi and denial being inherently weak cannot prevail over the positive identification of the accused as the perpetrator of the crime. In the present case, petitioner was positively identified by Venancia and Gaudencio as the author of the crime.
Basic is the rule that for alibi to prosper, the accused must prove that he was somewhere else when the crime was committed and that it was physically impossible for him to have been at the scene of the crime. Physical impossibility refers to the distance between the place where the accused was when the crime transpired and the place where it was committed, as well as the facility of access between the two places. Where there is least chance for the accused to be present at the crime scene, the defense of alibi must fail.
Aside from the testimonies of petitioner's witnesses that he was fishing at Cawitan, Sta. Catalina from 8 o'clock in the evening of March 3, 1999 until 2 o'clock in the morning the following day, petitioner was unable to show that it was physically impossible for him to be at the scene of the crime.
During the trial of the case, both the prosecution and defense witnesses testified that Nagbinlod and Cawitan, Sta. Catalina, were merely more than 5 kilometers apart which would only take about 20 to 40 minutes’ ride. Thus, it was not physically impossible for the petitioner to be at the locus criminis at the time of the incident.
In addition, positive identification destroys the defense of alibi and renders it impotent, especially where such identification is credible and categorical.