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Remedial Law Digest Cases

Remedial Law Digest Cases

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Published by Joseph Rinoza Plazo

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Published by: Joseph Rinoza Plazo on Feb 20, 2012
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03/13/2013

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November 16, 1999

Facts: A was convicted of killing X because of W’s testimony. A appealed claiming that the
trial court should not have taken W’s testimony into account since W is related to X.

Issue: Whether the court acted properly.

Held: Yes.

66

REMEDIAL LAW
DIGESTS
ATENEO BAR OPERATIONS 2001

The weight of the testimony of the witness, W is not impaired or in anyway affected by his
relationship to the victim, X, when there is no showing of improper motive on the part of the
witnesses.

RELUCTANCE TO TESTIFY

PEOPLE VS. LACHICA

October 12, 1999

Facts: A was convicted of murdering X because of W’s identification that A was one of the men
who killed X. W was watching from his tricycle when A and two other men stabbed X to death.
A contended that W could not be believed since W was reluctant to testify in the first place and
W’s behavior in just watching the murder affects W’s credibility.

Issue: Whether W’s behavior affects his credibility.

Held: No.
Witnessing a crime is an unusual experience which elicits different reactions from witnesses.
Therefor, no clear cut standard form of behavior can be drawn. The fact that W did not help the
victim or report the incident to the police is of no moment. It does not make his reaction less
normal under the attendant circumstances. Thus, his reluctance in getting involved in the case,
on the face of the threat on his life by the relatives of the culprits, should not detract from the
faith and credit his testimony deserves.

RES GESTAE

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