PEOPLE OF THE PHILIPPINES, vs. EDUARDO DELA CRUZ Y LAOANG.
- G.R. Number: G.R. No. 108180
- Promulgated: 1994-02-08
- Ponente: Davide, Jr., J.
Doctrine
Where there is no evidence of improper motive by a principal prosecution witness, the presumption is that he was not so actuated and his testimony deserves full faith and credit.
For an alibi to succeed, requirements of time and place must be strictly met; the accused must prove by clear and convincing evidence that it was physically impossible for him to be at the scene when the crime was committed.
Facts
The accused-appellant was charged with rape with homicide in Criminal Case No. L-4227; the information is dated 25 April 1990 and alleges the crime occurred about 19 March 1990 in Barangay Pogomboa, Aguilar, Pangasinan.
The victim was a 10-year-old girl who sustained severe injuries and died from the assault; the Court described the crime as heinous.
The accused offered denial and an alibi; the alleged place where he claimed to be was about ten meters from the crime scene, and his questioning and apprehension occurred about twenty meters from the victim's location.
The Court found the trial court's decision to be in accord with facts and law and affirmed the conviction and sentence.
Issues
Whether the accused's alibi, consisting of denial and proof of being elsewhere, was sufficient to overturn the conviction.
Whether the principal prosecution witness had an improper or ulterior motive that would discredit his testimony.
Ruling
The appeal is dismissed and the Regional Trial Court's decision in Criminal Case No. L-4227 is affirmed in toto.
The accused's alibi failed because he did not meet the strict requirements of time and place and did not show it was physically impossible for him to be at the scene.
There was no showing of improper or ulterior motive by the principal prosecution witness; his testimony is entitled to full faith and credit.
Keywords
G.R. No. 108180, rape with homicide, Criminal Case No. L-4227, Article 335, as amended, of the Revised Penal Code, reclusion perpetua, circumstantial evidence, Merly Caburnay, Eduardo Dela Cruz, Regional Trial Court of Lingayen, Pangasinan, information dated 25 April 1990, people's brief, autopsy findings, NBI biological report, human blood, minor victim, age of accused, denial of crime, sufficiency of circumstantial evidence, accused, crime