This case has been cited 1 times or more.
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2001-03-30 |
KAPUNAN, J. |
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| Delay in reporting the identity of the perpetrator of the crime or the filing of a criminal complaint does not necessarily impair the credibility of a witness especially where such witness gives a sufficient explanation.[28] However, in this case, the two-year interval between the commission of the crime and the identification of one of the perpetrators engenders doubt as to the accuracy of such identification. Jurisprudence tells us that where the delay had unreasonably stretched to forty-two (42) days,[29] eight (8) months,[30] or sixteen (16) months,[31] especially in the absence of any compelling or rational explanation for such self-imposed lengthy silence, such delay effectively destroys the credibility of the witness and renders his testimony unworthy of belief. In this case, the witnesses alleged that they were afraid of reprisal. This justification is actually hard to believe considering that Vanadero was a barangay captain and had been a longtime leader in the community.[32] He would easily have logical access to police authorities in case he needed help. For his part, Nelson Sarmiento's alleged fear would have been eclipsed by his desire for justice for the death of his own father by these perpetrators. If indeed Sarmiento was afraid of these killers, he could have at least confided to Vanadero the identity of the assailant and let him take the appropriate action for the prosecution of the culprits in his behalf. Coupled with his claim that he was familiar with appellant, Nelson Sarmiento's inaction for two years in identifying the killer of his father simply taxes credulity. Fear of reprisal is a lame excuse where the culprits made no actual threat upon the witnesses. | |||||