This case has been cited 1 times or more.
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2003-01-20 |
YNARES-SANTIAGO, J. |
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| The contention is without merit. The affidavit of desistance relied upon by petitioner as a means to exculpate himself from criminal liability was sufficiently impeached by the testimonial evidence of the very same persons who allegedly executed the affidavit. Dante Reginio declared that the signature appearing above his type-written name on the affidavit of desistance was not his, while Nelson Magbanua stated that he merely signed the affidavit out of pity for the petitioner's wife. As between the assailed affidavit of desistance and the sworn testimonies of the witnesses before the court, the latter should prevail. An affidavit of desistance obtained as an afterthought and through intimidation or undue pressure attains no probative value in light of the affiant's testimony to the contrary.[20] | |||||