Wednesday, April 4, 2012

Credibility of witness - G.R. No. 182522

G.R. No. 182522

"x x x.


We sustain the conviction of accused-appellant for both crimes.

Jurisprudence dictates that “when the credibility of a witness is in issue, the findings of fact of the trial court, its calibration of the testimonies of the witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded high respect if not conclusive effect.  This is more true if such findings were affirmed by the appellate court, since it is settled that when the trial court’s findings have been affirmed by the appellate court, said findings are generally binding upon this Court.”[40] 

We find no cogent reason to deviate from the cited case doctrine. 

As aptly appreciated by the RTC, prosecution witnesses Babelito and Diorito both positively identified accused-appellant as the person who treacherously shot Danilo and Babelito, and ultimately succeeded in killing Danilo.  Said witnesses gave a forthright and consistent narration of what they had actually witnessed the early morning of October 28, 2001 at Senatorial Road.
 x x x."

No comments:

Post a Comment