Tuesday, February 28, 2023

Burden of proof vs. Alibi

 "Granting that the defense of alibi is a weak defense, that fact alone does not justify the judgment of conviction against the accuse-appellant. The burden of proof in criminal cases is on the prosecution. 37 Alibi is generally a weak defense since it is easy to concoct and difficult to disprove. 38 However, when the identification of the accused as the author of the crime charged is inconclusive or unreliable, alibi assumes importance. 39 Thus, in this case where the proof of the appellant's participation in the crime charged consists only of the uncorroborated testimony of Jennis Castro, and where such testimony lacks details and credibility, the defense of alibi, should be given more weight. Failing in its task to prove that the appellant is the author of the crime, the prosecution cannot rely upon the weakness of the defense of alibi in order to secure a conviction. 40"

G.R. No. 89543 November 13, 1992

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ALFREDO ARGAWANON y BANTILAN, TEDDY SERICON alias "JUNREY" and ERNIE LAMBUJON y DUBLIN, alias "DANTE", accused. ERNIE LAMBUJON y DUBLIN, alias "DANTE", accused-appellant.


https://lawphil.net/judjuris/juri1992/nov1992/gr_89543_1992.html