ALIBI. when will alibi be considered a defense in criminal prosecution? In Phil jurisprudence the Court has held in a number of cases that denial and alibi are weak defenses, which cannot prevail against positive identification. However, the said jurisprudence states itself suffered from weakness that can be exploited by defense lawyer, 1st: cloud of doubt must be created as to identification, and; 2nd, locus criminis (impossibility to be at crime scene). In our case will a public document be sufficient enough stating among others that the accused is at workplace, as supported by log book, and on public duty at the time of alleged time and date of crime coupled by CCTV footage that the accused is indeed on duty. The workplace is more or less 70 km from the crime scene and takes 4 hrs to travel. Accdg to complainant she is very sure that the person she watched in ABS CBN TV Patrol is the same person who committed the crime against her. The said news showing my client become the lead for knowing the name of the accused. NOW will alibi prosper as defense.
Posted on: Tue, 19 Aug 2014 12:13:20 +0000
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