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PEOPLE vs. Cadiz Lapay, et al.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CADIZ LAPAY, ANECITO LAPAY, MARIO LAPAY, PANCHITO VILLANUEVA, SEGUNDO OLBES, ROGELIO RETEZA, EMILIANO CRISOSTOMO, BASILIO GENEROSA, RUDY CONSTANTINO and PAYLITO TORRECAMPO, accused, CADIZ LAPAY, appellant.

G.R. No.123072 | 1998-10-14

D E C I S I O N


PANGANIBAN, J.:

In rejecting this appeal, the Court relies on two basic rules: (1) the trial court's assessment of the credibility of witnesses and their testimonies is generally entitled to the highest degree of respect and will not be disturbed on appeal, and (2) positive identification prevails over denial and alibi.

The Case

Appellant Cadiz Lapay appeals from the October 24, 1990 Decision1 [Rollo, pp. 34-47.] of the Regional Trial Court of Tagum, Davao,2 [Penned by Judge Jesus V. Matias.] convicting him of murder and sentencing him to three counts of reclusion perpetua.

On November 28, 1984, Second Assistant...