[G.R. No. 133434. July 18 2000]

PEOPLE vs. BERNABE ADILA, JR.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 18 2000.

G.R. No. 133434 (People of the Philippines vs. Bernabe Adila, Jr.)

Accused-appellant has filed a motion seeking reconsideration of the Court's decision, promulgated on 21 March 2000. Which affirmed the judgment of the trial court finding him guilty of the crime of rape and imposing upon him the death penalty.

In his motion, appellant reiterated his defense of alibi and stressed that the testimony of his wife to the effect that he was with her from December 23 to 26, 1994, should have been given weight.

Again, the Court has carefully examined the records of the case. Regrettably, the Court finds no justification to warrant the reversal of its decision. As has been so extensively discussed in the decision, for the defense of alibi to prosper, the accused must be able to successfully prove, among other things, that not only has he been at some other place at the time of the commission of the crime but that also it would have been at least highly improbable for him to be at the locus criminis at its commission which elements he has failed to satisfactorily establish.

Courts look upon the defense of alibi with suspicion and receive it with great caution not only because it is inherently weak but also because of its easy fabrication. 1 People vs. Loveria, 187 SCRA 47.It is a defense that cannot normally prevail over the positive and credible testimony of witnesses attesting to the commission of the crime by the accused. 2 People vs. Payumo, 187 SCRA 64.In the instant case, the defense of denial and alibi pales in comparison to the positive and straight-forward declaration of the victim, still a child of tender age. Yet unexposed to the ways of the world, it is most unlikely that she would impute a crime so serious as rape to her own stepfather if it were untrue.

WHEREFORE, the Court finds the arguments raised in the instant motion for reconsideration insufficient to warrant a reversal of its decision, dated 21 March 2000, and the same is hereby denied with finality.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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