This case has been cited 1 times or more.
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2000-01-31 |
BELLOSILLO, J. |
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| We do not agree. We have repeatedly held that when there is an inconsistency between the affidavit and the testimony of a witness in court, the testimony commands greater weight.[42] For, oftentimes, affidavits taken ex parte are considered inaccurate as they are prepared by other persons who use their own language in writing the affiant's statements. Omissions and misunderstandings by the writer are not infrequent, particularly under circumstances of haste or impatience.[43] Thus, more often than not, affidavits do not reflect precisely what the declarant wants to impart. Worse, after the affidavit is mechanically read to the affiant, such document is merely signed even though the affiant does not fully agree with what has been written. Rolando Santos testified - | |||||