This case has been cited 5 times or more.
|
2014-04-02 |
DEL CASTILLO, J. |
||||
| Joramel and Cherme positively and categorically identified appellant as the one who shot and killed Imelda. Their testimonies corroborated each other on material details. Moreover, there is no showing that Joramel and Cherme were impelled by any ill motive to testify against appellant. It has been held that in the absence of any ill motives on the part of the witnesses, their testimonies are worthy of full faith and credit.[37] On the other hand, appellant only offered his bare denial of the offense. However, "[t]he Court had consistently stressed that denial, like alibi, is a weak defense that becomes even weaker in the face of positive identification of the accused by prosecution witnesses."[38] The Court, therefore, finds no reason to disturb the factual findings of the trial court. "It is a well-settled rule that factual findings of the trial court involving the credibility of witnesses are accorded respect since trial courts have first-hand account on the witnesses' manner of testifying and demeanor during trial. The Court shall not supplant its own interpretation of the testimonies for that of the trial judge since he is in the best position to determine the issue of credibility."[39] Furthermore, "in the absence of misapprehension of facts or grave abuse of discretion on the court a quo, and especially when the findings of the judge have been adopted and affirmed by the CA, the factual findings of the trial court shall not be disturbed."[40] | |||||
|
2012-08-13 |
REYES, J. |
||||
| Notably, the incident took place in broad daylight and in the middle of a street. Thus, where considerations of visibility are favorable and the witness does not appear to be biased against the accused, his or her assertions as to the identity of the malefactor should be normally accepted.[27] Lara did not allege, much less, convincingly demonstrate that Sumulong was impelled by improper or malicious motives to impute upon him, however perjurious, such a serious charge. Thus, his testimony, which the trial court found to be forthright and credible, is worthy of full faith and credit and should not be disturbed. If an accused had nothing to do with the crime, it is against the natural order of events and of human nature and against the presumption of good faith that a prosecution witness would falsely testify against the former.[28] | |||||
|
2009-10-13 |
PERALTA, J. |
||||
| We are not convinced. We have held in People v. Jumamoy,[10] that: The prosecutor has the exclusive prerogative to determine the witnesses to be presented for the prosecution. If the prosecution has several eyewitnesses, as in the instant case, the prosecutor need not present all of them but only as many as may be needed to meet the quantum of proof necessary to establish the guilt of the accused beyond reasonable doubt. The testimonies of the other witnesses may, therefore, be dispensed with for being merely corroborative in nature. x x x. | |||||
|
2006-03-10 |
CHICO-NAZARIO, J. |
||||
| At the onset, it should be emphasized that Donata was able to secure the TCTs covering the real properties belonging to the estate of Maximino by virtue of a CFI Order, dated 2 October 1952. It is undisputed that the said CFI Order was issued by the CFI in Special Proceedings No. 928-R, instituted by Donata herself, to settle the intestate estate of Maximino. The petitioners, heirs of Donata, were unable to present a copy of the CFI Order, but this is not surprising considering that it was issued 35 years prior to the filing by the heirs of Maximino of their Complaint in Civil Case No. CEB-5794 on 3 March 1987. The existence of such CFI Order, nonetheless, cannot be denied. It was recorded in the Primary Entry Book of the Register of Deeds on 27 June 1960, at 1:10 p.m., as Entry No. 1714.[23] It was annotated on the TCTs covering the real properties as having declared Donata the sole, absolute, and exclusive heir of Maximino. The non-presentation of the actual CFI Order was not fatal to the cause of the heirs of Donata considering that its authenticity and contents were never questioned. The allegation of fraud by the heirs of Maximino did not pertain to the CFI Order, but to the manner or procedure by which it was issued in favor of Donata. Moreover, the non-presentation of the CFI Order, contrary to the declaration by the RTC, does not amount to a willful suppression of evidence that would give rise to the presumption that it would be adverse to the heirs of Donata if produced.[24] As this Court already expounded in the case of People v. Jumamoy[25] x x x We reiterate the rule that the adverse presumption from a suppression of evidence is not applicable when (1) the suppression is not willful; (2) the evidence suppressed or withheld is merely corroborative or cumulative; (3) the evidence is at the disposal of both parties; and (4) the suppression is an exercise of a privilege. Moreover, if the accused believed that the failure to present the other witnesses was because their testimonies would be unfavorable to the prosecution, he should have compelled their appearance, by compulsory process, to testify as his own witnesses or even as hostile witnesses If there is indeed a surviving copy of the CFI Order, dated 2 October 1952, then there is no reason to believe that it would be exclusively available only to the heirs of Donata and not to the heirs of Maximino. It is important to note that two of the documents relating to Special Proceedings No. 928-R, namely, (1) the Letters of Administration issued in favor of Donata by the CFI, and (2) the Inventory submitted by Donata to the CFI, were actually produced before the RTC in Civil Case No. CEB-5794 by the heirs of Maximino. It only goes to show that the heirs of Maximino did have access to the records of Special Proceedings No. 928-R in which the CFI Order, dated 2 October 1952, was issued. If there was still a copy of the CFI Order, dated 2 October 1952, in the records of Special Proceedings No. 928-R, and the contents of such Order were truly adverse to the heirs of Donata, then it would have been more compelling for the heirs of Maximino to present it before the RTC in Civil Case No. CEB-5794, with the aid of the appropriate court processes if necessary. | |||||
|
2006-02-09 |
CHICO-NAZARIO, J. |
||||
| [33] G.R. No. 101584, 07 April 1993, 221 SCRA 333, 344-345. | |||||