This case has been cited 4 times or more.
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2002-07-23 |
QUISUMBING, J. |
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| axiomatic that slight variations in the testimony of a witness as to minor details or collateral matters do not affect his or her credibility as these variations are in fact indicative of truth and indicate that the witness was not coached to fabricate or dissemble.[30] Nonetheless, it must be stressed that appellant's perceptions as to the alleged inconsistencies are not entirely accurate. First, Mrs. Bates did not testify on direct examination that the first time she went out looking for her son was at eight o'clock in the evening of | |||||
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2001-12-03 |
QUISUMBING, J. |
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| The inconsistencies pointed out by appellants in Sopeña's testimony, to our mind, are more apparent than real. Inconsistencies and discrepancies referring to minor and collateral matters and not touching upon the basic elements of the crime, do not impair the credibility of a witness.[21] Note that the pertinent portions of Sopeña's testimony on who, what, when and where of the crime are consistent. Sopeña positively pointed to appellants as among those who ganged up on the victim and gave specific details on how they inflicted fatal injuries upon him. Note likewise that the substance of Sopeña's testimony remained constant even under grueling cross-examination. Note further that appellants failed to show any improper motive why Sopeña would testify falsely against them. Neither could they point to any factual matter on record to support their allegation that Sopeña was biased against them. Absent any indication that a witness for the prosecution was moved by improper motive, the presumption is that said witness was not so moved, and that his testimony is entitled to full faith and credit.[22] | |||||
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2001-01-29 |
QUISUMBING, J. |
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| For conviction of an accused in criminal cases, it is enough that the prosecution proves beyond reasonable doubt that a crime was committed and that the accused committed it. Production of the weapon used in committing the crime is not a condition sine qua non for the discharge of that burden.[18] It is not vital to the cause of the prosecution,[19] especially where other evidence is available to support sufficiently the charges. As to the presentation of witnesses, the question of which witness to present and when to present him is up to the prosecution, leaving the court thereafter to make the judgment call.[20] In the instant case, the trial court depended on the other evidence to determine the guilt of the accused, especially the eyewitness accounts of Lito Camara, Jr., and Leovilgildo Cartalla. While it is true that the trial court characterized their testimonies as "not too clear on what transpired,"[21] the transcripts nonetheless show that the vagueness refers only to minor or inconsequential details. What is vital is that both eyewitnesses categorically declared that they saw appellant shoot at the occupants of the car and that after appellant ran off, they saw the victims either dead or dying. It is settled that discrepancies in minor details tend to bolster the credibility of witnesses and indicate veracity rather than prevarication, as they erase any suspicion that the witnesses have been coached and the testimony rehearsed.[22] | |||||
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2000-10-12 |
QUISUMBING, J. |
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| Petitioners also claim that the testimonies of the prosecution's alleged eyewitnesses are riddled with grave and irreconcilable contradictions and inconsistencies. They raise doubts on who really struck the fatal blow, Raymundo or Eduardo. Even assuming that witnesses Cinco, Todavia, and Concejos did not accurately describe the manner in which petitioners attacked the victim, there is no doubt in our minds that these witnesses saw petitioners actually attack the victim. Errorless testimonies cannot be expected, especially where witnesses are recounting details of a harrowing experience, but so long as the testimonies jibe on material points, minor inconsistencies will neither dilute the credibility of the witnesses nor the veracity of their testimony.[13] What is material here is that the prosecution witnesses positively identified the two petitioners as the perpetrators of the offense. Moreover, since the appellate court upheld the findings of the trial court as to the existence of a conspiracy between the two petitioners, it is immaterial as to who between the two petitioners delivered the fatal blow against the victim. In a conspiracy, the act of one is the act of all, and they are liable as principals, regardless of the extent and character of their participation.[14] | |||||