This case has been cited 1 times or more.
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2001-02-21 |
DE LEON, JR., J. |
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| "From his own mouth, the accused himself fired at the credibility of Felixnito anchored on a quarrel over a pig in December, 1991, and also on account of Felixnito's wife who is said to be a niece of Jose Lacpao, the Barangay Captain, who is facing two (2) criminal cases where the accused is marshaled as a prosecution witness (TSN., pp. 8-9, December 20, 1994). The assertion of the accused is glaringly lame. Felixnito already executed a sworn statement on August 31, 1991 (pages 7-8, Records); a warrant for the arrest of the accused was issued on September 5, 1991 (page 20, Records); the accused was committed to the custody of the Provincial Warden on September 10, 1991 (page 18, Records) and was released on bail only on June 11, 1992 (page 90, Records). It taxes the imagination how the accused could pick up a quarrel with Felixnito over a pig in December 1991, when said accused was still detained. On the other hand, Jose Lacpao, a witness for the prosecution who testified in this case on December 2, 1992, stated on cross-examination by the defense that up to that point in time the accused has not yet testified against him (TSN., pp. 19-20, December 2, 1992) and there is no showing in the records that, indeed, the accused testified in the pending cases against Jose Lacpao. All of the foregoing have eroded the testimonial credibility of the accused and, in turn, give more credence to the narration of facts Felixnito told the Court."[34] Other than the aforesaid shallow imputation of alleged ill motive, the appellant could not ascribe any alleged falsehood to Felixnito for the latter to point an accusing finger against him for such grave a crime as murder. Where there is no evidence to indicate that the prosecution witness was actuated by improper motive, the presumption is that he is not so actuated and that his testimony is entitled to full faith and credit.[35] Positive identification when categorical and consistent and without any showing of ill motive on the part of the eyewitness testifying on the matter prevails over a denial which, if not substantiated by clear and convincing evidence, is negative and self-serving evidence undeserving of weight in law.[36] | |||||