This case has been cited 2 times or more.
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2003-08-28 |
DAVIDE JR., C.J. |
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| Who between Rudy and Lorenzo hacked Remegio Talon first? A Lorenzo, sir.[29] Generally, an affidavit, being taken ex parte, is considered almost always incomplete and often inaccurate or lacking in details and is deemed inferior to the testimony given in open court.[30] Jurisprudence, however, forewarns that when serious and inexplicable discrepancies are present between a previously executed sworn statement of a witness and his testimonial declarations with respect to one's participation in a serious imputation such as murder, there is raised a grave doubt on the veracity of the witness' account.[31] | |||||
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2001-11-19 |
PARDO, J. |
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| Lucia Tangeres, municipal clerk of court, and witness for the defense, testified that she translated the contents of the affidavit into the dialect, and after which, Mary Garde, accompanied by accused-appellant's mother, affixed her thumb mark over the same.[23] However, she also stated that when she asked Mary Garde why she executed the affidavit, the latter replied that it was because of poverty and the distance from her place to the court in the poblacion.[24] An affidavit of desistance is regarded with suspicion as it can be easily obtained through intimidation,[25] and attains no probative value in light of the affiant's testimony to the contrary. | |||||