This case has been cited 4 times or more.
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2007-08-17 |
TINGA, J. |
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| Appellant's argument is not well-taken. It is the judge's prerogative to ask clarificatory queries to ferret out the truth.[53] It cannot be taken against him if the questions he propounds reveal certain truths which, in turn, tend to destroy the theory of one party.[54] After all, the judge is the arbiter and ought to be satisfied himself as to the respective merits and claims of both parties in accord with the stringent demands of due process.[55] Also, being the arbiter, he may properly intervene in the presentation of evidence to expedite proceedings and prevent unnecessary waste of time.[56] | |||||
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2001-07-31 |
MENDOZA, J. |
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| We find no merit in this contention. Where the trial court is judge both of the law and of the facts, it is oftentimes necessary in the due and faithful administration of justice for the presiding judge to re-examine a witness so that his judgment, when rendered, may rest upon a full and clear understanding of the facts.[44] Our reading of the transcript of stenographic notes in this case shows that the trial judge merely wanted to clarify certain points relating to the defense of accused-appellant and not to establish his guilt. It is a judge's prerogative to ask questions to ferret out the truth.[45] It cannot be taken against him if the questions he propounds reveals certain truths which, in turn, tend to destroy the theory of one party.[46] As this Court held:In any case, a severe examination by a trial judge of some of the witness for the defense in an effort to develop the truth and to get at the real facts affords no justification for a charge that he has assisted the prosecution with an evident desire to secure a conviction, or that he had intimidated the witnesses for the defense. The trial judge must be accorded a reasonable leeway in putting such questions to witnesses as may be essential to elicit relevant facts to make the record speak the truth. Trial judges in this jurisdiction are judges of both the law and the facts, and they would be negligent in the performance of their duties if they permitted a miscarriage of justice as a result of a failure to propound a proper question to a witness which might develop some material bearing upon the outcome. In the exercise of sound discretion, he may put such question to the witness as will enable him to formulate a sound opinion as to the ability or the willingness of the witness to tell the truth. A judge may examine or cross-examine a witness. He may propound clarificatory questions to test the credibility of the witness and to extract the truth. He may seek to draw out relevant and material testimony though that testimony may tend to support or rebut the position taken by one or the other party. . .[47] | |||||
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2001-06-29 |
PARDO, J. |
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| There is no better test to measure the value of a witness' testimony than its conformity to the knowledge and common experience of mankind.[17] In.People v. Antonio,[18] we held that the testimony of a fourteen-year old rape victim impressed as it is with youth and immaturity, bears the badges of truth and sincerity. A fourteen-year old rape victim comes forward, allows the examination of her private parts and undergoes a public trial because of a desire to have the culprit apprehended and punished.[19] | |||||
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2001-01-19 |
PARDO, J. |
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| Fifth, we find absurd and contrary to common sense the behavior of Clothman's management in allowing the truck to leave the premises, allowing Nestor to attend his "previous engagement" as if nothing happened and as if Nestor did not commit the attempted theft involving goods worth a hundred thousand pesos. Prudent behavior would have prompted the management of Clothman to have Nestor immediately arrested and the truck impounded or at the very least, photographed along with the subject goods. The acts of Clothman's management and their testimonies invite incredulity. No better test has been found to measure the value of a witness' testimony than its conformity to the knowledge and common experience of mankind.[33] | |||||