This case has been cited 2 times or more.
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2002-04-03 |
BELLOSILLO, J. |
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| This Court is not persuaded. No law requires the accused to be placed in a police line-up for proper identification.[4] We entertain no doubt that Lejano positively identified Anacan as the perpetrator of the crime. First, Lejano and the victim were regulars at the restaurant-cum-beerhouse. Second, Anacan worked there prior to his employment at WMC Carton Factory. Third, Lejano saw Anacan at the Batik Restaurant several times prior to the incident. Fourth, a few hours prior to the incident, Lejano saw Anacan inside the restaurant. Anacan himself admitted he was at the place at the time of the commission of the crime. Fifth, the mauling commenced inside the eatery and ended in front of Wendy's Restaurant along Avenida Rizal, Manila, which was well-lighted. Sixth, the distance between Lejano and his cousin when the latter was stabbed was more or less twelve (12) meters. Considering the foregoing, this Court finds Lejano's identification of accused-appellant as the assailant clear and positive. Besides, no questionable motive was ascribed to Lejano to testify falsely against accused-appellant. | |||||
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2001-07-19 |
PARDO, J. |
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| It must be observed that the issue raised by accused-appellant involves the credibility of witness, which is best addressed by the trial court, it being in a better position to decide such question, having heard the witness and observed his demeanor, conduct, and attitude under grueling examination. These are the most significant factors in evaluating the sincerity of witnesses and in unearthing the truth, especially in the face of conflicting testimonies. Through its observations during the entire proceedings, the trial court can be expected to determine, with reasonable discretion, whose testimony to accept and which witness to believe. Verily, findings of the trial court on such matters will not be disturbed on appeal unless some facts or circumstances of weight have been overlooked, misapprehended or misinterpreted so as to materially affect the disposition of the case.[17] Accused-appellant relied heavily on denial to prove his innocence. Denial like alibi is a weak defense, and must be rejected when the identity of the accused is sufficiently and positively established by eyewitnesses to the offense.[18] Faced with the positive identification of accused-appellant as the perpetrator of the crime, his denial or alibi cannot prevail. | |||||