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ANNOTATION
FACTORS AFFECTING
WITNESSES
THE
CREDIBILITY
OF
By
ROBERTO A. ABAD
1. Their Behavior at the Witness Stand, p. 298.
2. Delay in Giving Testimony, p. 299.
3. Attitude of Witnesses Toward Litigants, p.
301.
(a) When Neutral, p. 301.
(b) When Friendly, p. 301.
(c) When Hostile, p. 302.
4. Relationship of Witness to Litigants, p. 303.
(a) Relation to Offended Party, p. 303.
(b) Relation to Accused, p. 304.
5. Testimony of Interested Parties, p. 305.
6. SelfContradictions, p. 305.
(a) With Reference to Previous Statements, p. 305.
(b) Selfcontradictions at Trial, p. 306.
(c) In Relation to Statements After Trial, p. 307.
7. Variance with Testimony of Other Witnesses,
p. 308.
_______________
299
300
People vs. Malibiran, L4192, Feb. 27, 1951. See also People
vs. Leyesa, L7842, Aug. 30, 1956 People vs. De Gracia, L
21419, Sept. 29, 1966, 18 SCRA 197 People vs. Antonio, L
16547, May 30, 1964, 11 SCRA 260. Likewise, the fact that
the husband of a woman who was violated by members of a
band of armed robbers did not immediately disclose that
his wife was raped, but only the fact of robbery, to the
authorities, does not affect the credibility of his ultimate
testimony to all the things that occurred on the occasion,
including the rapes. People vs. Santos, L4189, May 21,
1952.
301
301
302
303
400 People vs. Reyes, L18892, May 30, 1966, 17 SCRA 309
People vs. Tagaro, L18518, Jan. 31, 1963, 7 SCRA 187.
In a case, the fact that two witnesses for the prosecution
in a crime of murder were suitors of the victims daughter
is not a sufficient motive for them to falsely impute on
defendants the said crime. People vs. Libed, L20431, June
23, 1965, 14 SCRA 410.
It has been held, however, that the close relationship of
prosecution witnesses with the victim may taint their
testimonies with bias, and therefore this should not be
accepted without qualification. People vs. Balancio, L
17520, May 31, 1962, 5 SCRA 349. Thus, full credence
cannot be given to the testimony of a prosecution witness
who is a first cousin of the victim and was the only alleged
eyewitness presented for that purpose, considering that the
crime was committed in a dance hall in the presence of
many persons and no other witness was presented to
corroborate his testimony. People vs. Calacala, L
304
304
305
305
the accused who are his first cousins. People vs. Enriquez,
L17388, Oct. 30, 1965, 15 SCRA 205. See also People vs.
Aquidado, L12916, May 25, 1960 People vs. Larosa, L
7133, Apr. 29,1960.
5. Testimony of lnterested Parties
The testimony of interested witnesses, while rightly
subjected to careful scrutiny, should not be rejected on the
ground of bias alone. If their testimony is reasonable and
consistent, and is not contradicted by evidence from any
reliable source, there is no reason, as a general rule for not
accepting it. U.S. vs. Mante, 27 Phil. 134 De Jesus vs. G.
Urrutia, & Co., 33 Phil. 171 U.S. vs. Pagaduan, 37 Phil.
90.
6. SelfContradictions
A witness may contradict his testimony in court in three
possible ways in relation to the time when the other
statement was uttered:
(a) With Reference to Previous StatementsWhen there
are two contradictory testimonies given by a witness who
retracts or recants his previous testimony and swears that
the same is not true because he was not present when the
incident or event took place, the court, taking into
consideration all the circumstances and the probable
306
307
308
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