This case has been cited 3 times or more.
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2001-04-16 |
YNARES-SANTIAGO, J. |
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| Moreover, at the time of the commission of the crime, the scene was illuminated by a lamp emanating from a nearby house. Also, the headlight of a motorbike provided additional lighting. Time and again, this Court has ruled that "where conditions of visibility are favorable and the witnesses did not appear to be biased against the accused, their assertions as to the identity of the malefactors should normally be accepted. In the absence of any evidence to show that the witness was actuated by any improper motive, his identification of the accused as the assailant should be given full faith and credit."[5]Second, the defense claims there was no conspiracy between Richard Bacunawa and Ernesto Bacunawa. They attempted to discredit the eyewitness account of Gil Ortega stating that Ernesto Bacunawa put his arms around the victim prior to the stabbing by Richard Bacunawa, claiming that no statement to this effect was made in the victim's dying declaration.[6]The defense's claim is untenable. A victim in the throes of death will not bother to narrate a detailed account of the incident. What is foremost in his mind is survival - and the fact that he had already named his assailant would have sufficed for the time being. Besides, an examination of Largo's dying declaration shows that it was in the question-and-answer format. The investigating officer merely asked him four (4) questions, to wit: (a) whether he knew the identity of his assailant; (b) the name of his assailant; (c) whether he knew of any motive on the part of his assailant; and (d) how did he feel at that time. Clearly, he was not required to discuss in detail the step-by-step assault on his person. | |||||
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2001-03-26 |
MENDOZA, J. |
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| Time and again we have held that the determination of the credibility of witnesses is a matter best to the trial court, since it is in the best position to observe the witnesses' demeanor, behavior, conduct, and attitude. Thus, unless the trial court overlooked facts of substance and value that, if considered, might change the outcome of the case, its findings command great weight and the utmost respect.[40] So it is in the case at bar. | |||||