"x x x.
In contrast, accused-appellant proffered the defenses of denial and alibi, which are the weakest of defenses in criminal cases. The well-established rule is that denial and alibi are self-serving negative evidence; they cannot prevail over the spontaneous, positive, and credible testimonies of the prosecution witnesses who pointed to and identified the accused-appellant as the malefactor. “Indeed, alibi is easy to concoct and difficult to disprove.”[44]
Although accused-appellant presented other witnesses to supposedly corroborate his alibi, we could not ascribe much probative weight to said witnesses’ testimonies. None of said witnesses actually saw the shooting, most only heard the gunshots and arrived at the scene after the shooting took place and, thus, had no personal knowledge of the said incident. Except for Aida, no other witness for the defense was physically with accused-appellant at the exact time of the shooting. And even Aida’s testimony is unreliable given the observation of the RTC that it is in conflict with that of accused-appellant. Accused-appellant claimed that he first went to the billiard hall owned by Ilustre where he played with a certain Zaldy and then he transferred to Retota’s billiard hall where he was playing with Danilo and Dominador Baldaba when he heard the gunshots. Yet, Aida attested that she was watching accused-appellant playing billiards with a certain Zaldy when she heard the gunshots.
In sum, the prosecution has proven beyond reasonable doubt the guilt of accused-appellant for the murder of Danilo in Criminal Case No. Q-01-105875 and attempted murder of Babelito in Criminal Case No. Q-01-105877.
x x x."
