This case has been cited 2 times or more.
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2013-11-13 |
BRION, J. |
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| After examining the testimonies, too, we lean in favor of the view that there were available drivers on May 5, 2002, contrary to what Dechavez claimed. As between the assertion of the security guards that they had seen available drivers on the day of the trip, and the drivers' denial (and assertion that they had serviced other faculty members at that time), the settled evidentiary rule is that "as between a positive and categorical testimony which has a ring of truth, on one hand[,] and a bare denial[,] on the other, the former is generally held to prevail."[16] Furthermore, while Dechavez insists that the allegations of the drivers were corroborated by the teachers they had driven for, the attestations of these teachers remained to be hearsay: Dechavez failed to present their attestations in evidence. | |||||
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2013-10-22 |
BERSAMIN, J. |
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| However, the respondent's denial and his implication against Dy Quioyo in the illicit generation of the falsified decision are not persuasive. Dy Quioyo's categorical declaration on the respondent's personal responsibility for the falsified decision, which by nature was positive evidence, was not overcome by the respondent's blanket denial, which by nature was negative evidence.[23] Also, the imputation of wrongdoing against Dy Quioyo lacked credible specifics and did not command credence. It is worthy to note, too, that the respondent filed his counter-affidavit only after the Court, through the en banc resolution of May 10, 2005, had required him to comment.[24] The belatedness of his response exposed his blanket denial as nothing more than an afterthought. | |||||