This case has been cited 3 times or more.
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2008-12-16 |
REYES, R.T., J. |
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| Q: Before the stabbing of your friend by the accused, was there any conversation that transpired between the two? A: None, Sir.[57](Emphasis ours) No rule exists which requires a testimony to be corroborated to be adjudged credible.[58] Witnesses are to be weighed, not numbered.[59] Thus, it is not at all uncommon to reach a conclusion of guilt on the basis of the testimony of a single witness despite the lack of corroboration, where such testimony is found positive and credible by the trial court. In such a case, the lone testimony is sufficient to produce a conviction.[60] Although the number of witnesses may be considered a factor in the appreciation of evidence, preponderance is not necessarily with the greatest number.[61] Conviction can still be had on the basis of the credible and positive testimony of a single witness.[62] | |||||
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2004-12-13 |
CHICO-NAZARIO, J. |
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| The petitioners also emphasize the fact that the judge who rendered the decision was not the same one who presided over the trial of the case thereby implying that the former's findings could have been erroneous and influenced by prejudice.[26] This contention, however, runs counter to the prevailing principle that the judge who did not conduct the hearing of a case can still validly render a decision thereon using the transcribed stenographic notes taken during the trial as his guidepost. Admittedly, "the trial judge who conducted the hearing would be in a better position to ascertain the truth or falsity of the testimonies of the witnesses."[27] Nevertheless, the same should not, in any way, diminish the validity of the decision rendered by the judge who took over a case at the latter stage for his "assessment of the credibility of a testimony is not to be anchored solely on how the witness conducted himself on the witness stand. Aside from the danger of being misled by appearances inherent in such a case, a judge is supposed to render a decision on the basis of the evidence before him, i.e., records and all."[28] | |||||