This case has been cited 5 times or more.
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2009-09-30 |
BERSAMIN, J. |
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| The conclusion of the MTC, supra - that the Dadizons' supposed acquisition on March 10, 1976 by means of a private document of the 78-square meter portion from Eustaquia Bernadas, Felicidad Dadizon's own mother, had been feigned "to make it appear that the documents were executed on the dates mentioned therein"; and that Dominador Mocorro had been "misled into fencing their residential land as to its correct boundary upon misrepresentation of one Eustaquia Bernadas" in the absence of Elsa Mocorro - was upheld by the RTC as the appellate court for the reason that the Dadizons had not presented any fact or circumstance that the MTC as the trial court had failed to appreciate, but if considered would change the result. The conclusion binds the Court now, for the trial court was in the best position to assess the witnesses' credibility and to appreciate their truthfulness, honesty and candor.[21] Absent the showing of a fact or circumstance of weight and influence that was overlooked and, if considered, could affect the outcome of the case, the factual findings and assessment on the credibility of witnesses or other evidence made by the trial court remain binding on the appellate tribunal.[22] The legal aphorism is that the findings of facts of the trial court, its calibration of the testimonies of witnesses and its assessment of their probative weight, as well as its conclusions based on its findings, are accorded by the appellate court high respect, if not conclusive effect.[23] | |||||
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2008-07-28 |
TINGA, J, |
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| Worthy of reiteration is the doctrine that on matters involving the credibility of witnesses, the trial court is in the best position to assess the credibility of witnesses since it has observed firsthand their demeanor, conduct and attitude under grilling examination. Absent any showing of a fact or circumstance of weight and influence which would appear to have been overlooked and, if considered, could affect the outcome of the case, the factual findings and assessment on the credibility of a witness made by the trial court remain binding on an appellate tribunal.[23] | |||||
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2008-04-30 |
CHICO-NAZARIO, J. |
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| Appellant assails the full faith and credit given to the testimony of the witnesses for the prosecution, especially on the testimony of Sakandal. Appellant avers that Sakandal's testimony is marred by inconsistencies considering that he initially stated in categorical terms that he was sitting beside the victim when the latter was shot from behind. Sakandal later testified that he was passing behind the nipa hut where the appellant was sleeping when he saw the latter shoot the victim. We have consistently ruled that on matters involving the credibility of witnesses, the trial court is in the best position to assess the credibility of witnesses since it has observed firsthand their demeanor, conduct and attitude under grilling examination.[33] The trial court has the best opportunity to observe the demeanor of witnesses while on the stand, it can discern whether or not they are telling the truth.[34] The unbending jurisprudence is that its findings on the matter of credibility of witnesses are entitled to the highest degree of respect and will not be disturbed on appeal.[35] It is well to remind appellant that when the trial court's findings have been affirmed by the Court of Appeals, as in the case at bar, these are generally binding and conclusive upon this Court.[36] The jurisprudential doctrine that great weight is accorded to the factual findings of the trial court particularly on the ascertainment of the credibility of witnesses can only be discarded or disturbed when it appears in the record that the trial court overlooked, ignored or disregarded some fact or circumstance of weight or significance which if considered would have altered the result.[37] There are no cogent reasons to depart from the findings of the trial court and the Court of Appeals. The alleged inconsistency in the testimony of Sakandal does not negate his eyewitness account that he saw appellant shoot the victim. Even then, witnesses cannot be expected to give a flawless testimony all the time.[38] Although there may be inconsistencies in minor details, the same do not impair the credibility of the witnesses, where, as in this case, there is no inconsistency in relating the principal occurrence and the positive identification of the assailant.[39] Moreover, minor inconsistencies serve to strengthen rather than diminish the prosecution's case as they tend to erase suspicion that the testimonies have been rehearsed, thereby negating any misgivings that the same were perjured.[40] Similarly, we note that the eyewitness Sakandal, who is appellant's brother, was shown to have no ill motive to falsely testify against the appellant. In fact, from the mouth of the appellant himself, it was confirmed that prior to the incident, he was in good relationship with his brother, Sakandal. Moreover, appellant also testified that they were very close to each other, and that they did not have any misunderstanding.[41] The same was also true with eyewitness Kaluh who testified against him. Kaluh was five arms' length away from the scene of the crime. Indeed, the testimonies of Sakandal and Kaluh are a positive identification of appellant as the assailant. These constitute direct evidence.[42] Sakandal and Kaluh are eyewitnesses to the very act of the commission of the crime and positively identified the appellant as the offender. | |||||
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2008-04-10 |
TINGA, J, |
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| Prefatorily, factual findings of the trial courts, including their assessment of the witness' credibility are entitled to great weight and respect by this Court, particularly when the Court of Appeals affirm the findings.[18] Indeed, the trial court is in the best position to assess the credibility of witnesses since it has observed firsthand their demeanor, conduct and attitude under grilling examination.[19] After a review of the records of this case, we find no cogent reason to disregard this time-honored principle. | |||||
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2007-12-13 |
VELASCO JR., J. |
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| Questions of fact are not proper subjects for this Court unless there is clear and convincing proof that the judgment of the CA is based on a misapprehension of facts; or when the CA failed to notice and appreciate certain relevant facts of substance which if properly considered would justify a different conclusion; and when there is grave abuse of discretion in the appreciation of facts in the light of the evidence on record.[10] | |||||