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PEOPLE v. SPO2 ELEAZAR M. MADALI

This case has been cited 1 times or more.

2001-09-20
BELLOSILLO, J.
We find it very unlikely for Marcelino to stay where he allegedly was and not caution his drinking buddies of the impending danger if he indeed saw accused-appellant prior to the shooting. Besides, according to Luis, there were at least fifty (50) persons present in the area. Yet, when the policemen arrived, nobody came forward to identify the assailant. Nobody volunteered any information as regards the identity of the attacker. It cannot be repeated often enough that for evidence to be believed, it must not only proceed from the mouth of a credible witness but must itself be credible. The evidence must be what the common experience and observation of mankind would approve of as probable under the circumstances.[17]