This case has been cited 1 times or more.
|
2001-07-31 |
PARDO, J. |
||||
| At this juncture, we explain why we cannot rely on the testimony of prosecution witness Isabelo Jamile. The oft-quoted rule is that a witness would not normally accuse another of such a grave offense if it were not true. The rule is that, if the accused were truly innocent, it would be against the natural order of human nature and the presumption of good faith for a witness to falsely testify against him.[17] However, we find that here the legal truism does not apply. Central is the testimony of Rodulfo Canonigo that Isabelo Jamile participated in the attempt to rob accused-appellant Rodulfo Villarin. Rodulfo Canonigo testified that Isabelo Jamile hit accused-appellant with a piece of wood twice on the forehead. If these were bare assertions, we would hesitate to accept this narrative. However, there is medical testimony that accused-appellant Rodulfo Villarin suffered injuries, specifically, "two multiple abrasions on the forehead," caused by the application thereto of a hard object.[18] The doctor who examined accused-appellant Rodulfo Villarin the day after the incident stated that the injuries he suffered could be "caused by one who is being mauled by several persons."[19] This corroborates the defense's version and gives us reasonable doubt of accused-appellant's guilt. When a circumstance is capable of two interpretations, one consistent with the accused's guilt, and one with his innocence, the latter must prevail.[20] | |||||