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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
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Same; Same; The law is clear that wrongful intent on the part
of the accused to injure a third person is not an essential element of
the crime of falsification of public document·the principal thing
punished is the violation of the public faith and the destruction of
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the truth of what he has learned; One of the exceptions is the entries
in official records made in the performance of duty by a public
officer·official entries are admissible in evidence regardless of
whether the officer or person who made them was presented and
testified in court, since these entries are considered prima facie
evidence of the facts stated therein, aside from reasons of necessity
and trustworthiness.·Section 36, Rule 130 of the Revised Rules on
Evidence, states that a witness can testify only to those facts which
he knows of or comes from his personal knowledge, that is, which
are derived from his perception. A witness, therefore, may not
testify as to what he merely learned from others either because he
was told, or he read or heard the same. Such testimony is
considered hearsay and may not be received as proof of the truth of
what he has learned. This is known as the hearsay rule. The law,
however, provides for specific
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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
acted or has been charged, and has thus acquired knowledge of the
handwriting of such person. Moreover, the opinion of a non-expert
witness, for which proper basis is given, may be received in
evidence regarding the handwriting or signature of a person with
which he has sufficient familiarity.
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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
CHICO-NAZARIO, J.:
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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
4 Records, p. 40.
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5 Id., at p. 31.
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„In sum, the Court finds that the prosecution has successfully
established all the elements of the offense of falsification of a public
document and that the trial court correctly rendered a judgment of
conviction against appellant.
WHEREFORE, the appeal at bench is DISMISSED for lack of
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merit and the appealed 09 October 2003 decision is AFFIRMED.‰
I.
II.
III.
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15 Id., at p. 34.
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IV.
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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
Telecommunications 33
Engineer or Telecommunications
Traffic Supervisor and the fact that he submitted 34
therein
a certification that he is a licensed civil engineer.
The initial query to be resolved is whose evidence
between the prosecution and defense is credible.
Case law dictates that an accused can be convicted even
if no eyewitness is available as long as sufficient
circumstantial35
evidence had been presented by the
prosecution. Circumstantial evidence is sufficient if:
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ture on
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her daily time records for September 1987 to May
1988. Brizo testified that he is also familiar with
petitionerÊs signature because he personally knows
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SUPREME COURT REPORTS ANNOTATED VOLUME 533 10/09/2018, 11:52 AM
The rule is that 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,
41
are accorded high
respect if not conclusive effect. This is more true if such
findings were affirmed by the appellate court. When the
trial courtÊs findings have been affirmed by the appellate 42
court, said findings are generally binding upon this Court.
In absolute disparity, the evidence for the defense is
comprised of denials. Petitioner denied having
accomplished and signed the PDS. He tried to impart that
someone else had filled it up. However, aside from this self-
serving and negative claim, he did not adduce any
convincing proof to effectively refute the evidence for the
prosecution.
It is a hornbook doctrine that as between bare denials
and positive testimony on affirmative 43
matters, the latter is
accorded greater evidentiary weight.
The subsequent matter to be determined is whether the
elements of falsification for which petitioner is charged
were proven beyond reasonable doubt.
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40 Id., at p. 32.
41 People v. Aguila, G.R. No. 171017, 6 December 2006, 510 SCRA 642,
661.
42 Id.
43 People v. Comiling, 468 Phil. 869, 890; 424 SCRA 698, 716 (2004);
Olivarez v. Court of Appeals, G.R. No. 163866, 29 July 2005, 465 SCRA
465, 483; People v. Gusmo, 467 Phil. 199, 219; 422 SCRA 580, 594 (2004).
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true.
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officer. In other words, official entries are admissible in
evidence regardless of whether the officer or person who
made them was presented and testified in court, since
these entries are considered prima facie evidence of the
facts stated therein. Other recognized reasons for this
exception are necessity and trustworthiness. The necessity
consists in the inconvenience and difficulty of requiring the
officialÊs attendance as a witness to testify to innumerable
transactions in the course of his duty. This will also unduly
hamper public business. The
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Petition denied.
··o0o··
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