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People vs. Hermie M. Jacinto

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. HERMIE M. JACINTO, Accused-Appeellant.

G.R. No. 182239 | 2011-03-16

FIRST DIVISION
D E C I S I O N
 
PEREZ, J.:
 
Once again, we recite the time-honored principle that the defense of alibi cannot prevail over the victim's positive identification of the accused as the perpetrator of the crime.1 For it to prosper, the court must be convinced that there was physical impossibility on the part of the accused to have been at the locus criminis at the time of the commission of the crime.2
 
Nevertheless, a child in conflict with the law, whose judgment of conviction has become final and executory only after his disqualification from availing of the benefits of suspended sentence on the ground that...