This case has been cited 1 times or more.
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2010-10-13 |
VELASCO JR., J. |
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| The most honest witnesses may make mistakes sometimes, but such innocent lapses do not necessarily impair their credibility. The testimony of a witness must be considered and calibrated in its entirety and not by truncated portions thereof or isolated passages therein. It is a matter of judicial experience that an affidavit, being ex parte, is almost always incomplete and often inaccurate, sometimes from partial suggestions, sometimes for want of suggestions and inquiries, without the aid of which the witness may be unable to recall the connected collateral circumstances necessary for the correction of the first suggestions of his memory and for his accurate recollection of all that belongs to the subject. Affidavits taken ex parte are generally considered to be inferior to the testimony given in open court. Therefore, discrepancies between statements of the affiant in his affidavit and those made by him on the witness stand do not necessarily discredit him.[20] | |||||