660, SUPREME COURT REPORTS ANNOTATED
People ex Contante
presence of the accused at some place a0 far removed from
the scene of the crime as to cast reatonable doubt on his
sctual participation in the offense charged. As a conse:
quence, the credibility of an alibi depends so much en, and
may very well be equated with, the credibility of the wit:
nesses who seek to establish i," On that account, therefore,
and in that respect, the relative weight which the trial mag
istrate assigns to the testimony of said witnesses must,
Unless patently and clearly inconsistent with the evidence
on record, be accepted. For his proximate contact with
those who take tothe witness box places him, eompared 0
appellate Justices, in the more competent position to di-
criminate between the true and the false (People v. Cri
total, GR, No. £-19082, January 28, 1961; People v.Tils-o,
G.R.No. L-12406, June 30, 1961). ‘We must deline, there
fore, the request for a review of the lnwer court's finding
cn appellant’ plea of alibi.
Besides, We have repeatedly ruled in the past that abi
is the weakest of all defenses as it it the easiest to fab-
lente and concoct. The view We have adopted is that
tunes it is 0 convincingly demonstrated, the defense ought
not be given credence (People v. de los Santos, etal, GR.
No, L880, May 18, 1958; People v. Mesias, GR. No.
119250, Aug. 80, 1968; People v. Ramos, G.R. Nos,
121740208, Aug. $1, 1968.) It is all the more true when,
1s im this cas, the prosecution evidence positively estab-
lished the presence of the accused at the time and place of
the commission of the offense (People v. Baniaga, G. R. No.
114905, January 28, 1961).
‘The second issue refers tothe sufficiency of the circum
stantial evidence taken into account by the trial court. It
‘is urged that they donot come up to the measure sufficent
to justify a verdict of guilt beyond reasonable doubt
‘To warrant a conviction in criminal eases upon circum.
stantial evidence, such evidence must be more than one,
derived from facts duly proven, and the combination of
all of them must be such as to produce eonvietion beyond
reasonable doubt (Rule 128, See. 98, Old Rules of Court:
now see. 5, Rule 188; U.S. v. Levante, 18 Phil. 439; People
VOL. 12, DECEMBER 28, 1964 661
People ve. Contante
¥. Dino, 46 Phil. 895; People v. Chan Uh, 61 Phil. 528).
OF course, no general rule has been formulated as to the
‘quantity of cireumstantal evidence whieh will suffice for
‘any case, but that matters not. For all that is required is
‘that the circumstances proved must be consistent with each
‘other, consistent with the hypothesis that the accused is
sullty, and at the same time inconsistent with the hypo-
thesis that he is innocent, and with every other rational
ype exept hat of guilt (Pope Lady, 6 Phil
How fully has the lower court aplied the foregoing fr
‘The decision of the court below under appeal recites the
following circumstances as demonstrating beyond doubt sp.
pellant’s guilt:
“1, In the early part of 1952 Tomas Garehitorena decided
to kil Anttolio Adayo because he wanted the liters wife wit
whom he maintained an ict relation exlsively for Rinoalt
And in onder to prevent him rom testifying for the pee
ton tm two criminal eases In which he was the aceasedy
"2, To carty out his resolution, Tomas Garehitorena asked
Viveneio Ditan in March, 1962 to ill Anatli.Adayo for Bis)
sd when Vivencio Ditan refused, he next asked Julio Contante
In May ot 1962 todo
“3, Julio Contante agreed to kill AnatolioAdayo with
ouble barrel shotgun previoualy riven fo him by ‘Toman Gar
‘Bitoena in cenideratin of FE0010 to be pat by Temas Ga
4. At shot 1:00 eck at night of June 28,182, Ane
‘aio Aaago as shot em the back’ hes sinng os
hair In ie hate and wy t remit of the njris he aceved
1 id amet instante
“5, bot three mines after the shoting, Julio Contante
TES esi! oot hited ters frm the hse
rato Adayo walling hurriedly and carting ‘dou
‘ert shot: - -
“6. At the Investigation which followed Jello Contante
ested the attdavt, Exh E."in which he admit herog
shot to death Anata Adaya” Hes inated terest
‘lace ‘where e thre te totus aay
“After svioes maroon the vil peated Jo
Cente shotrn (ERB) tod By Bate
‘tio Bae aad