This case has been cited 1 times or more.
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2007-09-07 |
TINGA, J. |
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| The testimonies of Ibacuado and Mallari in open court identifying petitioner as the one who fired the gun at Fernandez were categorical, coherent, and consistent, devoid of any suspicious implausibility of a character likely to discredit the same. Notably, it was not shown that the said witnesses were harboring ill motives against petitioner that might have urged them to hurl false accusations against the latter. This only serves to strengthen the presumption that they were not so moved to testify falsely and thereby entitles their testimonies to full weight and credit. The unavoidable conclusion is that the identification made of petitioner by Ibacuado and Mallari an affirmative testimonies no doubt must prevail over the negative and self-serving alibi of the defense. Suffice it to say that the strength of an affirmative testimony is far greater than a negative one, especially when it proceeds from a credible witness.[42] Thus, no reversible error was committed by both the trial court and the Court of Appeals in rejecting the defense of alibi advanced by petitioner when the latter's identity has already been sufficiently established. | |||||