This case has been cited 1 times or more.
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2002-03-11 |
QUISUMBING, J. |
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| There are other reasons for us to discount the story of the brothers that only Mario single-handedly killed the spouses. For one, we find inconsistencies in their testimonies. In Joey's sworn statement, which he executed in front of witnesses and in the presence of counsel, he said he punched Jorja , ". . . para walang makarinig . . . ."[38] In his testimony in court he said, "Because she might be heard by my brother and he might attack her."[39] Again, Mario said that Joey tried to stop him from hurting Jorja and while trying to grapple the bolo from him, Joey got wounded.[40] Yet, Joey in his sworn statement does not mention getting wounded and said that he was merely elbowed by his brother when he tried to stop the latter from harming Jorja.[41] And, in his testimony in open court, he merely said Mario hurled insulting words at him as they struggled over the bolo.[42] He does not say anything about being wounded. A major variation in Joey's statements that gives his reason for assaulting a victim and an omission of an important detail, i.e. his being wounded, together cast doubt on Mario's disavowal that Joey did not participate in the killings. His story was obviously an afterthought to absolve his younger sibling. Testimonies to be believed must not only come from the mouth of credible witnesses but should by themselves be credible, reasonable and in accord with human experience.[43] | |||||