This case has been cited 4 times or more.
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2006-06-20 |
QUISUMBING, J. |
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| The prosecution and the defense relied on the testimonies of their respective witnesses. We have consistently ruled that on matters involving the credibility of witnesses, the trial court is in the best position to assess the credibility of witnesses since it has observed firsthand their demeanor, conduct and attitude under grilling examination.[10] Absent any showing of a fact or circumstance of weight and influence which would appear to have been overlooked and, if considered, could affect the outcome of the case, the factual findings and assessment on the credibility of a witness made by the trial court remain binding on an appellate tribunal.[11] | |||||
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2003-08-05 |
YNARES-SANTIAGO, J. |
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| The Court can see that the signatures "AMADO CELESTIAL" in the Deed of Absolute Sale marked as Exhibits "L" and "L-2", compared to the signatures "AMADO CELESTIAL" marked as Exhibit "M-1" on Exhibit "M"; Exh. "M-2-A" on exh. "M-2"; Exh. "M-3-A" on Exh. "M-3"; Exh. "M-4-A" on Exh. "M-4"; Exh. "M-5-A" on Exh. "M-5"; Exh. "M-6-A" on Exh. "M-6"; Exh. "M-7-A" on Exh. "M-7"; and on Exh. "N", could not be the signatures of the real Amado Celestial who was the husband of plaintiff Florencia Celestial. To the mind of the Court, even an ordinary layman can see that there are significant differences between the questioned signatures "AMADO CELESTIAL" on the questioned Deed of Absolute Sale marked as Exhs. "L" and "L-2" and the eight (8) standard signatures "AMADO CELESTIAL". Mrs. Rhoda B. Flores, the NBI Document Senior Examiner, was right when she said that "xxx I think this Honorable Court would agree with me that even a layman can see that there are significant differences even in the pictorial appearance." The court has examined the standard signatures of Amado Celestial in the several instruments submitted to the NBI to serve as basis for scientific comparative analysis with the questioned signatures, and the Court is inclined to believe the findings of the handwriting expert Mrs. Rhoda Flores, as contained in the Questioned Document Report No. 108-293 x x x which was "APPROVED" by Arcadio Ramos, Chief, Questioned Document Division of the NBI, and "NOTED" by Manuel Roura, Deputy director, Technical Services of the NBI, and as testified to by her in court. The questioned Document Report No. 108-293 (Exhs. "P" and "P-1"), which NBI Director Epimaco A. Velasco forwarded to this Court per letter of transmittal dated March 1, 1993, (Exh. "O"), and the testimony of NBI Senior Document Examiner Rhoda B. Flores have guided this Court in arriving at a judicious conclusion that the signatures of "AMADO CELESTIAL" on the Deed of Absolute Sale marked as Exhibits "L" and "L-2" are forgeries - that the signatures thereon were not the signatures of Amado Celestial (Emphasis supplied).[19] The fact that the trial court relied on the testimony of a single witness is of no moment. The trial court has the peculiar advantage to determine the credibility of a witness because of its superior advantage in observing the conduct and demeanor of the witness while testifying.[20] Settled is the rule that it is the quality, not the number of witnesses that will tilt the scale of evidence. Although the number of witnesses may be considered a factor in the appreciation of evidence, preponderance does not necessarily lie in the greatest number.[21] Accordingly, absent any showing of a fact or circumstance of weight and influence which would appear to have been overlooked and, if considered, could affect the outcome of the case, the factual findings and assessment on the credibility of a witness made by the trial court remain binding on an appellate tribunal.[22] In the case at bar, there appears no cogent reason to set aside the trial court's reliance on the credibility of the prosecution witness and its appreciation of the circumstantial evidence inasmuch as the evidence on record amply supports its conclusion. | |||||
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2003-04-24 |
PER CURIAM |
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| Moreover, not only are the testimonies of Alexander Saldaña and Americo Rejuso, Jr., consistent in all material aspects, they are also replete with precise details of the crime and the specific involvements of the different accused therein. In more than one instance, Alexander has identified the appellants to be his kidnappers. He has recounted both on the witness stand as well as in his sworn statement the specific acts performed by the appellants. The records of this case reflect that in more than one instance, the appellants have acted together as guards to Alexander in Kabuntalan, Maganoy, and while he was being transferred from one lair to another.[66] There can be no question, therefore, that the appellants committed the crime. Absent any showing that the trial court overlooked, misunderstood, or misapplied any fact or circumstance of weight and influence which could affect the outcome of the case, the factual findings and assessment of credibility of a witness made by the trial court remain binding on the appellate tribunal.[67] | |||||
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2002-10-15 |
SANDOVAL-GUTIERREZ, J. |
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| Moreover, in light of the prosecution eyewitnesses' positive identification of the accused-appellants done in a forthright and consistent manner, and without any showing of ill motive on their part, the defense of alibi must fail.[39] | |||||