VOL. 348, DECEMBER 14, 2000 143: People vs. Arizobal
VOL. 348, DECEMBER 14, 2000 143: People vs. Arizobal
VOL. 348, DECEMBER 14, 2000 143: People vs. Arizobal
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G.R. Nos. 135051-52. December 14, 2000.
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Erlinda’s son immobile while the others led the two (2) hapless
victims to the threshold of their obliteration.
Same; Same; Alibi; For alibi to be believed, credible and
tangible proof of physical impossibility for the accused to be at the
scene of the crime is indispensable.—Alibi, as it has been
repeatedly held, is one of the
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* EN BANC.
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the two (2) houses and the killing of the victims were not entirely
disconnected and distinct acts of depredation. They arose from a
single criminal impulse and intent, “there being unity of purpose
and of right violated.”
PER CURIAM:
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treachery because the robbers tied the hand of the victims before
killing them; 3) By nighttime (nocturnity) because the accused
took advantage of the night; and, 4) By dwelling because the
robbery is (sic) committed with violence against or intimidation of
persons x x x 12and the commission of the crime begun in the
dwelling x x x x
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12 Id., p. 19.
13 Id., pp. 59-63.
14 People v. Nang, G.R. No. 107799, 15 April 1998, 289 SGKA 16.
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17 People v. Pareja, G.R. No. 88043, 9 December 1996, 265 SCRA 429;
People v. Feliciano, G.R. No. 102078, 15 May 1996, 256 SCRA 706.
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18 People v. Bariquit, G.R. No. 122733, 2 October 2000, 341 SCRA 600.
19 See Note 18.
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A: Yes, sir.
Q: What was that incident about?
A: Armed persons entered our house.
Q: How many?
A: Three (3).
Q: You said that these 3 persons were armed, will you tell
this Honorable Court the kind of weapon or arms they
were bringing with them at that time?
A: One person carrying a long firearm.
Q: How about the other two?
A: One person standing at the door carrying a long
firearm and the two went upstairs.
Q: Were they carrying weapons?
A: They have20
(sic) both of them were carrying short
firearms.
Q: Where were you when you saw that the two accused
Clarito Arizobal and Erly Lignes got the money?
A: At the sala.
Q: When they ransacked your aparador you did not object?
A: They let us sit and warned us not to move.
Q: But you have not seen them armed with any firearm, is
that correct?
A: They have.
Q: Who were armed with firearms?
A: Clarito Arizobal and Erly Lignes.
Q: What kind of firearm?
A: Short arm.
Q: And where was the third person who was wearing
mask at the time these two accused Erly Lignes and
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