PEOPLE v.

GONZALES

G.R. No. 80762, March 19, 1990

SARMIENTO, J.:

FACTS:

The appellant was accused for his participation in the killing of a certain Loly Penacerrada, in
which he denied, claiming that he was not present in the said act. Since the trial court disregarded his
claim, the appellant appealed to the court of appeals, contending that the trial court erred in convicting
him on the basis of the testimony of the lone witness, and in not appreciating his defense of alibi.
However, the CA found no merit in the errors, rejected his defense of alibi, and upgraded his penalty to
that of murder – reclusion temporal/ death.

ISSUE:

Whether or not the appellant, under the evidence presented, has committed the felony of
murder.

HELD:

No, the appellant has not committed the felony of murder because although alibi was a weak
defense, in cases which the participation of the appellant was not clear, it may be considered. And in
light of the evidence on record, it may be sufficient for an acquittal. Thus, the decision of the CA was
reversed and set aside, and the appellant was acquitted.