This case has been cited 2 times or more.
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2011-02-16 |
VELASCO JR., J. |
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| The grounds of partiality and ill motive raised by accused-appellants cannot discredit the testimonies of the prosecution witnesses. For one, as the appellate court aptly noted, close relationship to the victim does not make a witness biased per se.[18] It has to be amply shown that the witness is truly biased and has fabricated the testimony on account of such bias. Accused-appellants have not sufficiently shown such a bias. The fact that Liezl and Angelita depend on the victim's family for their job as caretakers does not make them biased witnesses. Besides, their testimonies have not been shown to be fabricated. The trial court that had scrutinized their deportment, facial expression, and body language during the trial has found them more credible. For another, the ill motive raised by accused-appellants has not been shown to affect the testimony of Liezl to suit her alleged personal ill feelings against Doctor. If it were so and the content of her testimony was fabricated, why did Liezl not make Doctor as the gunman who shot Estrella? And why include Gatchalian and Tomas, Sr.? | |||||
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2006-07-21 |
GARCIA, J. |
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| Furthermore, petitioners' submission that the testimonies of Jacinta del Fierro and Maria Elena Bernardo-Almaria are hardly believable because the two are relatives of the deceased Ruben Bernardo cannot hold water. It is a basic precept that relationship per se of a witness with the victim of the crime does not necessarily mean that the witness is biased.[6] | |||||