This case has been cited 1 times or more.
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2001-04-04 |
PER CURIAM |
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| The twin arguments therefore raised by accused-appellants against the testimony of Ruben Meriales are devoid of merit. A scrutiny of the records reveals that his testimony is not inconsistent with his affidavit of 4 October 1996 inasmuch as the former merely supplied the details of the event which the latter failed to disclose. But assuming that there was any inconsistency, it is settled that whenever an affidavit contradicts a testimony given in court the latter commands greater respect.[17] Such inconsistency is unimportant and would not even discredit a fallible witness.[18] The mere fact that Ruben admitted harboring resentment against the Ibaos for the murder of his brother Delfin does not confirm that he fabricated his story. His frankness in admitting his resentment against the Ibaos should even be considered in his favor.[19] There is likewise nothing unnatural in Ruben's attitude of concealing himself behind the kitchen wall instead of warning the Dulays of the looming danger to their lives. It is a well-known fact that persons react differently to different situations - there may be some who will respond violently to an impending danger while there may be others who will simply assume a cravenly demeanor. In this case, Ruben was ruled by his fear rather than by his reason, but for this alone, his credibility should not be doubted. | |||||