Tuesday, June 8, 2010

PHILIPPINE JURISPRUDENCE - FULL TEXT
The Lawphil Project – Ateneo De Manila Univ. Law Foundation

G.R. No. 127980 December 19, 2005
Carlos Miranda Gonzales. a.k.a. tsakon,caloy, yoyoy, loloy vs. Tau Gamma Phi and its members:

EMMANUEL SALES, RONALD HOLMES, JUDE DELA TORRE, AMPARO RIO, CARMELITA QUEBENGCO, AGNES YUHICO

, ET AL.


Republic of the Philippines
SUPREME COURT
Manila

THIRD DIVISION

G.R. No. 12798 December 19, 2005

x x x From the testimonies of the complaining witnesses, it appears that one afternoon prior to March 29, 19__, Mr. Carlos Miranda Gonzales was about to ride a white Toyota dx car, when he overheard two men bad-mouthing and apparently angry at him. The men apparently in Cebuano dialect said “kani nalang manghud atong baslan” (we will revenged the younger brother, instead) …simultaneously grabbing the victim and forced him to a taxi and brought him to an outskirt place called Mabolo grounds and there he was punched, kicked bruised… to almost death… until an ambulance passed by which to the assailant’s thought of it as a police car… They left the victim half dead…

…Courts reject alibi when there are credible eyewitnesses to the crime who can positively identify the accused.Alibi is an inherently weak defense and courts must receive it with caution because one can easily fabricate an alibi.Jurisprudence holds that denial, like alibi, is inherently weak and crumbles in light of positive declarations of truthful witnesses who testified on affirmative matters that accused were at the scene of the crime and were the victim's assailants. As between categorical testimonies that ring of truth on one hand and a bare denial on the other, the former must prevail. Alibi is the weakest of all defenses for it is easy to fabricate and difficult to disprove, and it is for this reason that it cannot prevail over the positive identification of accused by the witnesses…

…Hence this court finds the accused guilty and sentenced them to 20 years of imprisonment and a financial penalty of P500,000.00 …the finality disposal is executable after court of appeal decided to concur previous decisions which was overturned by the highest court of the land...

The writ of preliminary injunction dated September 25, 1995 is declared to be in force and effect.

Let a copy of this Order and the writ be served personally by the Court's sheriff upon the respondents at petitioners' expense.

SO ORDERED.


SO ORDERED.

Ynares-Santiago, Chairperson, Quisumbing *, Chico-Nazario, Velasco, Jr. ** , JJ., concur.


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