This case has been cited 2 times or more.
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2010-04-07 |
VILLARAMA, JR., J. |
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| As narrated by Pabalan, two (2) of the appellants - Esoy and Ciano - sat infront of them while the other, Bolalacao, sat beside the victim. Considering the limited space inside a passenger jeepney, the faces of appellants can be easily seen by Pabalan in close range. Moreover, it is of no moment that the inside of a jeepney was only illuminated by a small bulb. The said kind of light has already been held by the Court as enough lighting for identification purposes. [13] Considering also the busy thoroughfare of Taft Avenue, Ermita, light emanating from the headlights of passing vehicles can contribute sufficient illumination [14] to enable Pabalan to identify appellants. We have held that when conditions of visibility are favorable, and the witness does not appear to be biased, as in the instant case, her assertion as to the identity of the malefactors should normally be accepted. [15] | |||||
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2005-06-30 |
GARCIA, J. |
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| Nor is Lt. Leygo's credibility any less diminished by the circumstance that he failed to categorically identify which of petitioner's hands was used in punching him, and the exact distance between them at that time. In all likelihood, this police officer was not expecting a physical attack by the petitioner as he was just confronting the latter about the prohibited unloading of chicken dung when petitioner laid hand on him. Under this scenario, any person, like Lt. Leygo, cannot be expected to remember every single detail of the incident with perfect recall.[12] For sure, far from adversely affecting Lt. Leygo's credibility, his failure to recall every minute detail of what transpired even fortifies it. We have thus held that the failure of a witness to recall each and every detail of an occurrence may even serve to strengthen rather than weaken his credibility because it erases any suspicion of a coached or rehearsed testimony.[13] What is vital in Lt. Leygo's testimony is the fact that petitioner punched him on his face, about which he was steadfast and unflinching. | |||||