Positibong Pagkilala ng Saksi, Mas Matimbang Kaysa Pagtanggi at Alibi

n

G.R. No. 240542, January 30, 2023

nn

Isipin na ikaw ay nasasakdal sa isang krimen. Ang tanging ebidensya laban sa iyo ay ang pagkilala ng isang saksi. Sapat na ba ito para mapatunayang ikaw ay nagkasala? Sa kasong ito, ating tatalakayin kung gaano kabigat ang papel ng positibong pagkilala ng saksi sa pagpapatunay ng pagkakasala ng isang akusado, lalo na kung ito ay kinokontra ng pagtanggi at alibi.

nn

Legal na Konteksto

n

Sa batas, ang isang akusado ay may karapatang ituring na walang sala hangga’t hindi napapatunayan ang kanyang pagkakasala nang higit pa sa makatwirang pagdududa. Ngunit, paano ito nasusukat sa harap ng mga ebidensya tulad ng pagkilala ng saksi?

nn

Ang positibong pagkilala ng saksi ay tumutukoy sa malinaw at walang pag-aalinlangang pagtukoy ng saksi sa akusado bilang siyang gumawa ng krimen. Ito ay itinuturing na isang direktang ebidensya. Ayon sa Artikulo 248 ng Revised Penal Code, ang pagpatay na may treachery o pagtataksil ay квалифицируется bilang Murder:

nn

ARTICLE 248. Murder. — Any person who, not falling within the provisions or article 246 shall kill another, shall be guilty of murder and shall be punished by reclusión temporal in its maximum period to death, if committed with any of the following attendant circumstances:ntttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttttt
Olahraga.

nn

Ang akusado na nagtatanggol sa sarili sa pamamagitan ng alibi ay dapat patunayan na imposible para sa kanya na naroon sa lugar ng krimen noong ito ay naganap. Ito ay dapat na