People vs Ibanez

G.r. NO. 190798

Facts:

Ibanez was charged with three counts of raping his own

daughter under three pieces of information before the RTC
of Cavite. When arraigned he plead not guilty. On the
1st charge, AAA testified she was at their home in Cavite and
did not inform anyone of the incident (June 1997). On the 2nd
charge, AAA testified being raped 8 times from January to
December 1998. The 3rd rape happened sometime in April
1999 while her mother was at work. After which, she told her
cousin who brought her to the NBI, where complaint affidavit
was executed. Ibanez denied having raped his daughter with
an alibi of being always away from home.

Issue:

Whether the defense of alibi may be considered

Held:

It is incumbent upon appellants to prove that they were

at another place when the felony was committed, and that it
was physically impossible for them to have been at the scene
of the crime at the time it was committed. This they failed to
prove.