For alibi to prevail, the established doctrine is that the accused must prove not only that he was at some other place at the time of the commission of the crime but also that it was physically impossible for him to be at the locus criminis or within its immediate vicinity.

"Xxx.

Defense of alibi and denial
was correctly rejected.

For alibi to prevail, the established doctrine is that the accused must prove not only that he was at some other place at the time of the commission of the crime but also that it was physically impossible for him to be at the locus criminis or within its immediate vicinity.[25] Physical impossibility means that the accused was at such other place for such a length of time that it was impossible for him to have been at the crime scene either before or after the time he was at such other place.[26]

Manatad's alibi is that from April 11 to 15, 1993, he was in Cuyang, San Remigio and Tigbawan, Tabuelan, doing faith healing. His alibi, assuming it to be true, cannot be given merit. He could have easily been at the scene of the crime at the time of its commission considering that San Remigio and Tabuelan are municipalities located in the province of Cebu. His presence therein did not, therefore, render impossible his being at the scene of the killing at Labogon, Mandaue City, a place also located in the province of Cebu.

To corroborate his exculpatory tale, Manatad presented, among others, Patrocino Vaflor and Rafaela Maglinte to support his alleged alibi. However, these witnesses were shown to be biased since they have the tendency to falsely testify in Manatad's favor for they admittedly owed him a great debt of gratitude.[27]

For his part, Labandero posits that he was in Manila at the time of the incident because of a previous death threat on him after giving his testimony in Criminal Case No. 24099 such that it was physically impossible for him to be at the locus criminis. Considering that his alibi and supposed death threat were uncorroborated and unsubstantiated by clear and convincing evidence, the Court finds the same self-serving and deserving of no weight in law. Moreover, the fact that he has no derogatory record will not affect the outcome of his case since it does not disprove his complicity in the commission of the offense.

Respecting the denial of Bug-atan, suffice it to state that a mere denial constitutes negative evidence and warrants the least credibility or none at all. Absent any strong evidence of non-culpability, a denial crumbles in the face of positive declarations.[28]

In fine, petitioners failed to rebut the prosecution's evidence and their defense of alibi and denial must be rejected.

The foregoing notwithstanding, this Court has perused the lengthy discussion of the trial court and the assailed Decision of the appellate court.

Xxx."

VIRGILIO BUG-ATAN, BERME LABANDERO GREGORIO MANATAD PETITIONERS, VS. THE PEOPLE OF PHILIPPINES, Respondent. G.R. No. 175195, September 15, 2010.

https://www.chanrobles.com/cralaw/2010septemberdecisions.php?id=319