This case has been cited 3 times or more.
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2005-01-31 |
PANGANIBAN, J. |
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| The test for the third element is whether one offense is identical with the other or is an attempt to commit it or a frustration thereof; or whether one offense necessarily includes or is necessarily included in the other, as provided in Section 7 of Rule 117 of the Rules of Court.[9] | |||||
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2002-02-28 |
MENDOZA, J. |
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| We agree with accused-appellant's contention. Generally, contradictions between the contents of the witness' affidavit and his testimony in court do not impair his credibility because affidavits are usually taken ex parte and, for that reason, often incomplete and inaccurate.[18] An affidavit will not always disclose all the facts and will even at times, without being noticed by the witness, inaccurately describe the occurrences related therein. Thus, we have time and again held that affidavits are generally inferior to testimonies in court. Affidavits are often prepared only by the investigator without the affiant or witness having a fair opportunity to narrate in full the incident which took place, whereas in open court, the latter is subjected to cross-examination by counsel for the accused.[19] | |||||