Inconsistencies in testimony of witness in relation to his prior affidavit - G.R. No. 197540

G.R. No. 197540

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The factual findings of the RTC, when affirmed by the CA, are generally binding and conclusive upon this Court.[13] When the credibility of the eyewitness is at issue, we give due deference and respect to the assessment made by the RTC, absent any showing that it had overlooked circumstances that would have affected the final outcome of the case.[14] Thus, once a guilty verdict has been rendered, the appellant has the burden to clearly prove on appeal that errors in the appreciation of the evidence committed by the lower courts.

We agree with the CA’s finding giving credence to the eyewitness’ account which firmly and positively identified the appellant as one of the perpetrators of the crime.  The records failed to show any ill-motive on the part of the eyewitness to falsely testify against the appellant. On the other hand, the appellant draws attention to the inconsistent statements made by the eyewitness in his sworn affidavit and in his court testimony regarding his participation in the crime. “It is settled that discrepancies between the statements of the affiant in his affidavit and those made by him on the witness stand do not necessarily discredit [the said witness] since ex parte affidavits are generally incomplete, and are generally subordinated in importance totestimony in open court.”[15] In other words, the existence of discrepancies between the sworn affidavit and the testimony of the eyewitness in court does not render his account of the antecedent events unreliable.   

In this case, the inconsistencies pointed out are too trivial to have any material bearing in the determination of the appellant’s guilt. We take note that the eyewitness’ sworn affidavit and court testimony implicated the appellant in the killing of the victim. Moreover, both statements of the eyewitness can be reconciled by a scrutiny of the court testimony which only provided a more detailed account of the antecedent events and of the appellant’s actual participation in killing the victim.
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