Philippine Supreme Court Resolutions > Year 2010 > March 2010 Resolutions > [G.R. No. 169140 : March 09, 2010] PEOPLE OF THE PHILIPPINES V. ELVIE EJANDRA, MAGDALENA CALUNOD, AND BUENAVENTURA LOSADA :

Quoted hereunder, for your information, is a resolution of the Court En Bone dated March 9, 2010

"G.R. No. 169140 - PEOPLE OF THE PHILIPPINES v. ELVIE EJANDRA,    MAGDALENA    CALUNOD,    and   BUENAVENTURA LOSADA. - The appellants insist in this appeal that the Court of Appeals erred in affirming the Regional Trial Court, which found them guilty beyond reasonable doubt of the crime charged despite the testimonies of the victim Kristopher Derrick Chua and of his mother, prosecution witness Ma. Theresa Chua, being doubtful and contrary to human experience. The appellants contend that the lower courts should have instead accorded credence to their respective alibis (of being in Iloilo or Davao).

The appellants urge the Court to review the ruling on the credibility of the witnesses of the State. However, such ruling only affirmed the finding of the trial court, which had the first-hand opportunity to observe the demeanor and manner of the witnesses of the State when they testified at the trial. It is axiomatic that this Court is bound by the findings of fact of the trial court, especially when affirmed by the Court of Appeals. Moreover, the alibi of the appellants is rejected, because they did not thereby demonstrate that it was impossible for them to be in Manila at the time of the commission of the kidnapping of which they were convicted.

WHEREFORE, considering the allegations, issues and arguments adduced in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision of the Court of Appeals."

Mendoza, J., no part.