This case has been cited 4 times or more.
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2011-01-19 |
PEREZ, J. |
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| We are inclined to accord due weight and respect to the ruling of the lower courts in giving credence to the positive testimonies of Nimfa and Jepson, both pointing to appellant as one of the kidnappers. Both witnesses testified in a clear and categorical manner, unfazed by efforts of the defense to discredit them. As a rule, the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court, which had a unique opportunity to observe the witnesses firsthand and to note their demeanor, conduct and attitude.[52] While it is true that the trial judge who conducted the hearing would be in a better position to ascertain the truth or falsity of the testimonies of the witnesses, it does not necessarily follow that a judge who was not present during the trial, as in this case, cannot render a valid and just decision, since the latter can very well rely on the transcribed stenographic notes taken during the trial as the basis of his decision.[53] | |||||
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2007-01-31 |
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| [T]he maxim or rule "falsus in [unus], falsus in omnibus" does not lay down a categorical test of credibility. It is not a positive rule of law or of universal application. It should not be applied to portions of the testimony corroborated by other evidence, particularly where the false portions could be innocent mistakes. Moreover, the rule is not mandatory but merely sanctions a disregard of the testimony of a witness if the circumstances so warrant. To completely disregard all the testimony of a witness on this ground, his testimony must have been false as to a material point, and the witness must have a conscious and deliberate intention to falsify a material point.[51] | |||||
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2004-12-13 |
CHICO-NAZARIO, J. |
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| The petitioners also emphasize the fact that the judge who rendered the decision was not the same one who presided over the trial of the case thereby implying that the former's findings could have been erroneous and influenced by prejudice.[26] This contention, however, runs counter to the prevailing principle that the judge who did not conduct the hearing of a case can still validly render a decision thereon using the transcribed stenographic notes taken during the trial as his guidepost. Admittedly, "the trial judge who conducted the hearing would be in a better position to ascertain the truth or falsity of the testimonies of the witnesses."[27] Nevertheless, the same should not, in any way, diminish the validity of the decision rendered by the judge who took over a case at the latter stage for his "assessment of the credibility of a testimony is not to be anchored solely on how the witness conducted himself on the witness stand. Aside from the danger of being misled by appearances inherent in such a case, a judge is supposed to render a decision on the basis of the evidence before him, i.e., records and all."[28] | |||||