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    07 People vs. Temblor PDF

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    jacaringal1
    1. The trial court's assessment of witness credibility is generally binding on appellate courts due to their superior position to observe witness conduct and demeanor. 2. An alibi cannot overcome a positive identification by a prosecution witness. 3. For an alibi to be accepted as a defense, it must demonstrate beyond reasonable doubt that it was physically impossible for the accused to be at the crime scene.

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    07 People vs. Temblor PDF

    Uploaded by

    jacaringal1
    145 views2 pages
    1. The trial court's assessment of witness credibility is generally binding on appellate courts due to their superior position to observe witness conduct and demeanor. 2. An alibi cannot overcome a positive identification by a prosecution witness. 3. For an alibi to be accepted as a defense, it must demonstrate beyond reasonable doubt that it was physically impossible for the accused to be at the crime scene.

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    1. The trial court's assessment of witness credibility is generally binding on appellate courts due to their superior position to observe witness conduct and demeanor. 2. An alibi cannot overcome a positive identification by a prosecution witness. 3. For an alibi to be accepted as a defense, it must demonstrate beyond reasonable doubt that it was physically impossible for the accused to be at the crime scene.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    145 views2 pages

    07 People vs. Temblor PDF

    Uploaded by

    jacaringal1
    1. The trial court's assessment of witness credibility is generally binding on appellate courts due to their superior position to observe witness conduct and demeanor. 2. An alibi cannot overcome a positive identification by a prosecution witness. 3. For an alibi to be accepted as a defense, it must demonstrate beyond reasonable doubt that it was physically impossible for the accused to be at the crime scene.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    The settled rule of the trial court’s

    assessment of the credibility of of


    People vs. Temblor witnesses while testifying is generally
    binding on the appellate court because
    Felonies and Criminal Liability of its superior advantage in observing
    their conduct and demeanour in its
    findings
    How Committed/ Dolo/ General and Specific Intent
    May 28, 1988 - 1987 Constitution
    An alibi cannot prevail over the positive
    Ponente: Griño - Aquino, J. identification made by the persecution
    witness.

    The rule that in order for an alibi to be


    acceptable as a defense, it is not
    ISSUES: enough that the appellant was
    somewhere else when the crime was
    1. WON, appellant’s alibi can prevail in court even if he was positively identified committed, it must demonstrate
    beyond reasonable doubt that it was
    FACTS: physically impossible for him to be at
    the scene of the crime.
    1. Accused appellant Vicente Temblor alias “Ronald” was charged with the murder of Julius Cagampang by
    way of multiple gun shots. He entered a plea of not guilty, but after the trial, he was convicted and
    sentenced to suffer the penalty of reclusion perpetua Flight of the accused was an implied
    admission of guilt
    2. Evidence showed that the appellant went to the victim’s family convenience store at 7:30pm on Dec. 30,
    1980, and committed the murder with his partner Anecito Ellevara, in front of the victim’s family and
    demanded for his fire arm(as killings perpetrated by members of the NPA for the sole purpose of
    acquiring fire arms and ammunition “agaw armas campaign” ), They fled to the mountains after
    committing the murder

    3. The appellant stated in his alibi that from 4:00 pm of Dec. 30, 1980 up until 8:00 am of Dec. 31, 1980,
    he spent the night drinking with his father

    4. During the trial, the widow positively identified the appellant, however did not know his name. However
    her testimony was corroborated by a tricycle driver who was an acquaintance of the accused and stated
    that he saw him at the store at about 7:30pm on Dec.30, 1980, he heard gunshots coming from the store
    and people scampering away.

    5. The persecution presented a certification from the National Lumber Company’s Personnel officer and the
    NALCO Daily Time Record, showing that the accused was not at home drinking with his father, but was
    at work on Dec.30, 1980 from 10:50pm up until 7:00am the morning of Dec.31,1980.

    HOLDING:

    WHEREFORE, the judgement appealed from is affirmed in all respects

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