Monday, September 19, 2011

INCONSISTENCY BETWEEN THE AFFIDAVIT AND TESTIMONY OF A WITNESS


This Court is mindful of the rule that if there is an inconsistency between the affidavit and the testimony of a witness, the latter should be given more weight since affidavits being taken ex-parte are usually incomplete and inaccurate. Corollary to this is the doctrine that, where the discrepancies are irreconcilable and unexplained and they dwell on material points, such inconsistencies necessarily discredit the veracity of the witness' claim (People v. Villanueva, Jr., G.R. No. 187152, 22 July 2009, 593 SCRA 523, 541-542; People v. Tampon, 327 Phil. 729, 738 (1996); People v. Aniscal, G.R. No. 103395, 22 November 1993, 228 SCRA 101, 112 cited in PEOPLE OF THE PHILIPPINES vs. JONEL FALABRICA SERENAS, G.R. No. 188124, June 29, 2010, PEREZ, J.).

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