Monday, February 10, 2014

Credibility of witness

See - People vs. Mali, GR No. 206738, Dec. 11, 2013.


"x x x.

The Court cannot accord merit to the accused-appellant’s claim that the foregoing events did not take place because she was actually framed-up. Such argument brings to the fore the appreciation by the trial court of the credibility of witnesses, a matter it is most competent to perform having had the first hand opportunity to observe and assess the conduct and demeanor of witnesses.47 Settled is the rule that the evaluation by the trial court of the credibility of witnesses is entitled to the highest respect and will not be disturbed on appeal.48

By way of exception, such findings will be re-opened for review only upon a showing of highly meritorious circumstances such as when the court’s evaluation was reached arbitrarily, or when the trial court overlooked, misunderstood or misapplied certain facts or circumstances of weight and substance which, if considered, would affect the result of the case.49 However, none of these circumstances obtain in the present case and thus, there is no compelling reason for the Court to review or overturn the RTC’s factual findings and evaluation of the testimony of witnesses.

x x x."

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