This case has been cited 1 times or more.
|
2009-04-16 |
PERALTA, J. |
||||
| The trial court gave credence to the testimonies of respondent's witnesses, namely, Hector Arenas, Francis Calimbas and Teresita Edu, who testified that they were present when respondent and petitioner met in the office of Teresita Edu at the Port Area, Manila, where petitioner agreed to facilitate the release of the subject vehicle from the Bureau of Customs for the consideration of P750,000.00, including payment of the customs duties, taxes and registration of the van. They also testified that they were present when respondent gave petitioner the agreed amount in two installments in the last week of March 1991 in the office of Teresita Edu. The finding of the trial court with respect to the credibility of witnesses is binding upon this Court. The trial court correctly pointed out that petitioner failed to give a cogent motive why respondent sued him. Thus, petitioner's denial, like alibi, is a weak defense and cannot prevail over the positive testimonies of respondent and her witnesses.[35] | |||||