This case has been cited 1 times or more.
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2001-08-23 |
QUISUMBING, J. |
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| The transcript of Balane's testimony[37] is replete with minutiae like the size, shape, and appearance of the objects taken from the car of the appellants. Yet he could not recall the make of appellants' car. This memory lapse regarding the car of appellants contrasts with his easy recollection of minute details of the bust. We find his recollection of such details incongruous and his testimony contrived. His declaration that the buy-bust took place in front of police headquarters raises serious doubt as to his credibility because this significant incident was not entered in the police blotter. Such entry concerning a buy-bust operation and the apprehension of Chua and Dick in front of the police headquarters would have firmed up Balane's claim. Absent any written record of the incident, Balane's testimony lacks persuasive force, even if corroborated lamely by another defense witness, PO3 Rolando Galve, who also failed to enter his observation in the police blotter. Given the selective memory displayed by Balane at the witness stand, we are not prepared to overturn the trial court's finding as to Balane's credibility. Such finding is entitled to great respect from appellate courts that do not deal with live witnesses but only with the cold pages of a written record.[38] | |||||