SECOND DIVISION
[G.R. No. 241364. November 12, 2018.]
GODOFREDO FOCBIT ALIAS GODING, JOEL YNTAS, RAFAEL YNTAS, RESTIE YNTAS, REGINALDO ESCALA AND NORA ROBERTO, petitioners,vs. PEOPLE OF THE PHILIPPINES AND NELSON ESCALA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 12 November 2018 which reads as follows:
"G.R. No. 241364 — Godofredo Focbit alias Goding, Joel Yntas, Rafael Yntas, Restie Yntas, Reginaldo Escala and Nora Roberto versus People of the Philippines and Nelson Escala
The Court resolves to DENY the Petition and AFFIRM the Court of Appeals (CA) Decision 1 dated August 30, 2017 and Resolution 2 dated June 28, 2018 in CA-G.R. CR No. 02490.
Petitioners armed with firearms, intimidated and prevented Nelson Escala (Nelson) and his companions from working on his ricefield. They were also compelled to leave the premises against their will. Petitioners were not clothed with any judicial or administrative authority, to prevent Nelson from cultivating his ricefield.
The CA correctly observed that the alleged locations of petitioners place them at or near Nelson's farm in such a manner that does not negate their actual presence at the crime scene. For alibi to prosper, petitioners must not only prove that they were somewhere else when the crime was committed, but they must also convincingly demonstrate the physical impossibility of their presence at the locus criminis at the time of the incident. 3
The CA thus did not commit any reversible error in affirming petitioners' conviction for Grave Coercion.
SO ORDERED." (REYES, J., JR., J., designated additional Member per S.O. No. 2587 dated August 28, 2018)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 36-47. Penned by Associate Justice Gabriel T. Robeniol, with Associate Justices Edgardo L. Delos Santos and Edward B. Contreras concurring.
2.Id. at 49-52.
3.People v. Carpio, 538 Phil. 451, 476 (2006).