This case has been cited 3 times or more.
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2003-07-14 |
YNARES-SANTIAGO, J. |
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| Further, the question of whether appellant acted in self-defense is essentially a question of fact,[13] the determination of which is a task that rightly belongs to the trial court. The same rule applies to the assessment of credibility of witnesses. We have consistently ruled that the findings of facts and assessment of credibility of witnesses is a matter best left to the trial court because of its unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying, which opportunity is denied to the appellant courts. Only the trial judge can observe the "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" - all of which are useful aids for an accurate determination of a witness' honesty and sincerity. The trial court's findings are accorded finality, unless there appears in the record some fact or circumstance of weight which the lower court may have overlooked, misunderstood or misappreciated and which, if properly considered, would alter the results of the case.[14] No such fact or circumstance obtains in the case at bar. | |||||
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2003-07-03 |
YNARES-SANTIAGO, J. |
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| Moreover, the defense could not point to any ill motive on the part of Pablo Brillantes for identifying appellant as the perpetrator of the crime. When there is no evidence to indicate that the principal witness for the prosecution was moved by an improper motive, the presumption is that such motive was absent, and that the witness' testimony is entitled to full faith and credit. Between appellant's denial and the witness' positive testimony, there is no doubt that the latter is entitled to credence.[11] | |||||
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2003-01-16 |
YNARES-SANTIAGO, J. |
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| As to who between the prosecution and the defense witnesses are to be believed, the trial court's assessment enjoys a badge of respect for the reason that the trial court has the advantage of observing the demeanor of the witnesses as they testify, unless found to be clearly arbitrary or unfounded. The rationale for this doctrine, as explained in People v. Cayabyab, is that "the trial judge is able to detect that sometimes thin line between fact and prevarication that will determine the guilt and innocence of the accused. That line may not be discernible from a mere reading of the impersonal records by the reviewing court. The record will not reveal those tell-tale signs that will affirm the truth or expose the contrivance, like the angry flush of an insisted assertion or the sudden pallor of a discovered lie or the tremulous mutter of a reluctant answer or the forthright tone of a ready reply. The record will not show if tears were shed in anger, or in shame, or in remembered pain, or in feigned innocence. Only the judge trying the case can see all these and on the basis of his observations arrive at an informed and reasoned verdict.[8] | |||||