This case has been cited 2 times or more.
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2010-12-15 |
VELASCO JR., J. |
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| Moreover, the testimony of a witness must be considered in its entirety and not merely on its truncated parts. The technique in deciphering a testimony is not to consider only its isolated parts and anchor a conclusion on the basis of said parts. In ascertaining the facts established by witnesses, everything stated by them on direct, cross, and redirect examinations must be calibrated and considered.[11] It must be stressed in this regard that facts imperfectly or erroneously stated in an answer to one question may be supplied or explained as qualified by the answer to other question. The principle falsus in uno, falsus in omnibus is not strictly applied to this jurisdiction.[12] As explained in People v. Osias: It is perfectly reasonable to believe the testimony of a witness with respect to some facts and disbelieve it with respect to other facts. And it has been aptly said that even when witnesses are found to have deliberately falsified in some material particulars, it is not required that the whole of their uncorroborated testimony be rejected but such portions thereof deemed worthy of belief may be credited. | |||||
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2008-06-27 |
YNARES-SATIAGO, J. |
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| Moreover, affidavits taken ex parte are considered incomplete and often inaccurate - they are the products of sometimes partial suggestions, at other times of want of suggestions and inquiries, without the aid of which witnesses may be unable to recall the connected circumstances necessary for accurate recollection.[48] Extrajudicial statements like affidavits are generally not prepared by the affiant himself but by another who uses his own language in writing the affiant's statement, hence, omissions and misunderstandings by the writer are not infrequent.[49] It is of judicial knowledge that sworn statements are almost incomplete, often inaccurate and generally inferior to the testimony of a witness in open court. [50] Thus, whenever there is an inconsistency between an affidavit and the testimony of a witness, the testimony commands greater weight.[51] | |||||