This case has been cited 2 times or more.
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2012-10-17 |
MENDOZA, J. |
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| At any rate, these alleged inconsistencies do not militate against her credibility as the Court has repeatedly held that sworn statements are almost always incomplete and inaccurate and do not disclose the complete facts for want of inquiries or suggestions.[34] It is a matter of judicial experience that an affidavit, being taken ex parte, is almost always incomplete and often inaccurate and is generally considered to be inferior to a testimony given in open court as the latter is subject to the test of cross-examination.[35] | |||||
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2010-09-15 |
DEL CASTILLO, J. |
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| Maramara's previous conviction neither detracts his competency as a witness nor necessarily renders his testimony totally untrustworthy and inadmissible. While Maramara admitted to having been previously convicted in Criminal Case No. DU-3721, this circumstance does not necessarily make him or his testimony ipso facto incredible. The determination of the character of a witness is not a prerequisite to belief in his testimony.[18] His alleged bad reputation, even if true, should not sway the court in the evaluation of the veracity of his testimony. Other important factors should be considered in determining the inherent probability of his statements for a convicted person is not necessarily a liar. After all, conviction of a crime, unless otherwise provided by law, shall not be a ground for disqualification of witnesses.[19] More importantly, the testimony of Maramara who undeniably pleaded guilty in killing the victim should definitely be given more weight inasmuch as his testimony pertains in not insignificant points to the specific incident. It is to be noted that Dr. Crisostomo Abbu, the medical officer who conducted the post- mortem examination on the body of the victim, provided collaborating testimony regarding the location of the inflicted wound, thereby rendering more credible the testimonial account of Maramara. In fine, we defer to the trial court's finding, sustained by the appellate court, giving full weight and credit to Maramara's testimony. The trial court's findings regarding the witness's credibility are accorded the highest degree of respect.[20] | |||||