04/02/2020
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line, frisked them one by one, and asked them questions before shooting them.
When Bangcado and Banisa leaned over to frisk Cogasi and his friends, their faces
must have only been inches away from their victims; and when they ordered their
victims to line up against the vehicle, they stood only a few meters away.
Although Clemente admitted to be suffering from blurred vision, Cogasi's positive
identification of appellants could be sufficient to establish their identities. Indeed,
there is no law that requires that the testimony of a single witness must be
corroborated except, of course, when expressly mandated. Witnesses are to be
weighed, not numbered, in determining the credibility of witnesses and the value of
each piece of evidence. In fact, the testimony of a single witness, if credible and
positive, is sufficient to convict,[5] and must be given full faith and credence when
no reason to falsely testify is shown.[6]
Assuming arguendo that Clemente was unable to identify accused-appellants during
the line-up in La Trinidad as his right eye was still bandaged from his injuries, he
was able to make a positive identification in open court. Neither is it material now
that Clemente made some attempts to point to policeman James Tagle for it seems
clear that he withdrew his identification. Besides, Clemente admitted candidly that
he could not identify anyone in the line-up since his right eye was still covered with a
bandage and was still suffering from blurred vision.
Further, the defense failed to shake Cogasi's certainty, either when he declared that
he recognized accused-appellants as being those who were earlier in the Skyview
Restaurant, or when he pointed to them in the line-up at La Trinidad. The fact that
he took some five (5) minutes and had to go around the line-up four (4) or five (5)
times did not detract from his credibility. Rather, it is to his credit that he took time
to look closely into the faces of more than twenty-four (24) or so similarly garbed
men to make sure that he did not make a mistake in identifying his assailants.
Neither should the defense attempt to mislead the Court by pointing out that Cogasi
was not able to identify Bangcado during the NBI line-up since it is clear that that
line-up did not include accused-appellants. Instead, it was composed of four (4)
civilians, none of whom he had ever seen before. Since these four (4) had no
connection with the crime, there was no reason for Cogasi to implicate any of them
in the murder.
The defense also points out that the policemen who conducted Operation Kapkap
indicated in their joint affidavit that they only saw Banisa present inside the Skyview
Restaurant, along with three (3) unidentified companions. According to the defense,
this only proves that Bangcado was not there since the policemen personally knew
Bangcado and thus should have included him in their joint affidavit.
However, the theory of the trial court that the reason why they did not see
Bangcado with Banisa was because he went to the washroom or elsewhere deserves
credence. Considering that the Skyview Restaurant had some thirty (30) to fifty
(50) customers that night; that the four (4) policemen were busy going around the
tables conducting Operation KapKap; that they did not approach the table of Banisa
to frisk him and his companions because they recognized him as a policeman, then it
is evident that their attention was elsewhere, and that they did not bother to inquire
whether Banisa had other fellow officers with him. Further, the policemen testified
that they were in the restaurant for only a few minutes.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37955
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