Welcome to My Nook
I instantly fell in love with law school, finally finding something that matches my thirst for challenge - painstaking yet fulfilling. Everyday promises a new learning experience with something to always look forward to as I find my journey in law school unfolds.
- ► 2011 (112)
"The power to disbar or suspend ought always to be exercised on the preservative and not on the vindicative principle, with great caution and only for the most weighty reasons."
“the court takes judicial notice of the common (human) experience of mankind and non-adherence thereto renders testimonies inherently improbable.”
Accused-appellants Leoniza Villagonzalo and Renito Moro were accused for committing a crime of murder and was sentenced guilty by the court. Both were allegedly conspirators in killing Ricardo Tan, the common-law spouse of Villagonzalo and they conspired with other respondents Dela Cruz and Asentista who were not apprehended by the police. Dela Cruz and Asentista were allegedly hired by both Moro and Villagonzalo to kill Tan as evidenced by the testimony of Tito Alquizar and Prescilla Villarin who also work for Tan. Villarin is the helper and Alquizar is both the helper and farmhand of Tan.
According to Alquizar and Villarin, they were present when the four accused were contemplating a plan on how to kill Tan. They alleged to be present from the time Moro and Villagonzalo offered Dela Cruz and Asentista money to kill Tan and also during the time Moro provided a gun to both men before the victim was shot. They alleged that Moro and Villagonzalo are having an affair and want to kill Tan so they can live together. The court rendered a judgment of guilty for murder to Villagonzalo and Moro. The appellants now pray for the reversal of the judgment contending that the lower court erred in believing prosecution witnesses Alquizar and Villarin whose testimony are patently false and contrary to human experience and assailed the credibility of the witnesses whose testimonies were relied upon by the court in giving judgment.
Issue: Whether or not the witnesses Alquizar and Villarin credible witnesses?