Malana vs.

People
G.R. No. 173612 March 26, 2008

FACTS:

The petitioners Dominador and Rodel, together with their

acquitted co-accused Elenito, were charged with the crime of
murder and multiple frustrated murder before the RTC. The
charges stemmed from an incident that left Betty dead, and
her daughter Suzette and granddaughter injured. The
appellants pleaded not guilty during the arraignment. Vicente,
the husband of deceased Betty, testified that appellants had
been threatening to liquidate him and his family, due to their
belief that he was in the practice of witchcraft by which he had
caused the deaths of Rodels parents-in-law.

Appellants proffered the defenses of denial and alibi. The RTC

found Dominador and Rodel guilty of two (2) separate crimes
of murder and frustrated murder, and acquitted Elenito on the
ground of reasonable doubt.

The trial court gave credence to the eyewitness accounts of

Vicente and Suzette who positively identified the appellants as
two of the three perpetrators of the crime. However, the trial
court acquitted Elenito as he was not positively identified by
Suzette as the third man and his physical appearance does not
fit the description of the tall fat man seen by Suzette. The CA
affirmed the guilt of appellants.

ISSUE:

Whether the defense of alibi be given credence

RULING:

This rule provides that where the evidence of the parties in a

criminal case is evenly balanced, the constitutional
presumption of innocence should tilt the scales in favor of the
accused. There is, therefore, no equipoise if the evidence is
not evenly balanced. Said rule is not applicable in the case
before us because the evidence here presented is not equally
weighty. The equipoise rule cannot be invoked where the
evidence of the prosecution is overwhelming.

Against the direct, positive and convincing evidence for the

prosecution, appellants could only offer denials and
uncorroborated alibi. It is elementary that alibi and denial
are outweighed by positive identification that is
categorical, consistent and untainted by any ill motive
on the part of the eyewitness testifying on the matter.
Alibi and denial, if not substantiated by clear and
convincing evidence, are negative and self-serving
evidence undeserving of weight in law. The prosecution
witnesses positively identified appellants as two of the
perpetrators of the crime. It is incumbent upon
appellants to prove that they were at another place
when the felony was committed, and that it was
physically impossible for them to have been at the
scene of the crime at the time it was committed. This
they failed to prove.