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    Adi Lim
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    The brothers Marlon, Manuel, Robert, Leon and Ronald Delim are accused of killing Modesto Delim, who was adopted by their father. [1] Marlon, Robert and Ronald barged into Modesto's house armed with guns and took Modesto away. [2] Leon and Manuel stayed behind with guns to guard the family. [3] A few days later, Modesto's body was found dead with gunshot and stab wounds. The court did not find the alibi of Marlon, Ronald and Leon credible and found them guilty of aggravated murder.

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    The brothers Marlon, Manuel, Robert, Leon and Ronald Delim are accused of killing Modesto Delim, who was adopted by their father. [1] Marlon, Robert and Ronald barged into Modesto's house armed with guns and took Modesto away. [2] Leon and Manuel stayed behind with guns to guard the family. [3] A few days later, Modesto's body was found dead with gunshot and stab wounds. The court did not find the alibi of Marlon, Ronald and Leon credible and found them guilty of aggravated murder.

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    16 views2 pages

    ALIBI PEOPLE V Delim

    Uploaded by

    Adi Lim
    The brothers Marlon, Manuel, Robert, Leon and Ronald Delim are accused of killing Modesto Delim, who was adopted by their father. [1] Marlon, Robert and Ronald barged into Modesto's house armed with guns and took Modesto away. [2] Leon and Manuel stayed behind with guns to guard the family. [3] A few days later, Modesto's body was found dead with gunshot and stab wounds. The court did not find the alibi of Marlon, Ronald and Leon credible and found them guilty of aggravated murder.

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    of 2

    PEOPLE V.

    DELIM

    G.R. No. 142773, January 28, 2003

    FACTS:

    Marlon, Manuel and Robert Delim are brothers. They are the
    uncles of Leon and Ronald Delim. Modesto Delim, the victim
    (deceased), was adopted by the father of the brothers. On
    January 23, 1999, Modesto, Rita (wife), Randy (son) and their 2
    grandchildren were about to eat their dinner when Marlon, Robert
    and Ronald barged into the house. They were armed with a short
    handgun. Marlon poked his gun at Modesto while Robert and
    Ronald simultaneously grabbed and hog-tied the victim. A piece
    of cloth was placed in the mouth of Modesto.

    They then herded Modesto out of the house on their way towards
    the direction of Paldit, Sison, Pangasinan. Leon and Manuel, also
    armed with short handguns, stayed put by the door to the house
    of Modesto and ordered Rita and Randy to stay where they were.
    Leon and Manuel left the house at around 7am the following day.
    On January 27, 1999, Randy, in the company of his relatives,
    found Modesto under thick bushes in a grassy area. He was
    already dead. The cadaver was bloated and in the state of
    decomposition. It exuded a bad odor. Tiny white worms swarmed
    over and feasted on the cadaver. Randy and his relatives
    immediately rushed to the police station to report the incident
    and to seek assistance. According to the autopsy, the cause of
    death was a gunshot wound at the head and the stab wounds
    sustained by the victim on his left and forearm were defensive
    wounds. The investigators confirmed that the accused had no
    licenses for their firearms. Only Marlon, Ronald and Leon were
    arrested. Manuel and Robert were not found. To exculpate
    themselves, Marlon, Ronald and Leon interposed denial and
    alibi. The trial court rendered judgment finding accused-
    appellants guilty of aggravated murder (The trialcourt
    appreciated treachery as a qualifying circumstance

    Issue:

    Whether the accused defense of alibi be given credence

    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.

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