This case has been cited 1 times or more.
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2009-07-22 |
CHICO-NAZARIO, J. |
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| The Court is aware of the general rule that if there is an inconsistency between the affidavit and the testimony of a witness, the latter should be given more weight since affidavits being taken ex parte are usually incomplete and inaccurate. The Court likewise subscribes to the doctrine that where the discrepancies are irreconcilable and unexplained and they dwell on material points, such inconsistencies necessarily discredit the veracity of the witness' claim.[22] Indeed, the certainty as to the presence of the accused in the crime scene and eyewitness identification are not just trivial matters but constitute vital evidence, which in most cases are determinative of the success or failure of the prosecution. The inconsistency concerned cannot simply be brushed aside. Although the general rule is that contradictions between a witness's statements in an affidavit and his testimony do not necessarily discredit him. Where the purported inconsistency concerns points of importance, the same cannot simply be ascribed to failure to remember, for which reason the witness's credibility becomes suspect.[23] | |||||