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