6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly PROSECUTION AGAINST ACCUSED-APPELLANT PATRICIO BOTERO IS SUFFICIENT FOR CONVICTION II "THE LOWER COURT ERRED IN NOT HOLDING THAT IN TRUTH AND IN FACT THE ACCUSED-APPELLANT PATRICIO BOTERO DID NOT CONSPIRE WITH CO-ACCUSED CARLOS P. GARCIA. III "THE LOWER COURT ERRED IN NOT HOLDING THAT ACCUSED-APPELLANT PATRICIO BOTERO IS NOT RESPONSIBLE FOR ILLEGAL RECRUITMENT ACTIVITIES OF COACCUSED CARLOS P. GARCIA. IV "THE LOWER COURT ERRED IN GIVING CREDENCE TO THE TESTIMONY OF JOSE ERWIN ESCLADA WHICH IS NOT ADMISSIBLE FOR BEING INCONSISTENT, HIGHLY IMPROBABLE AND EXAGGERATED AND IN NOT GIVING WEIGHT TO THE ACCUSEDAPPELLANT PATRICIO BOTERO'S EVIDENCE." We sustain appellant's conviction. Appellant Botero predicates his appeal on the alleged insufficiency of evidence to support his conviction. More particularly, he assails the credibility of witness Esclada. Esclada initially testified that he dealt with accused Garcia when he filed his application with Ricorn as a seaman. On cross-examination, however, he admitted it was really accused Botero with whom he transacted, viz: "Q But I thought you stated earlier on the third time, you talked to a certain Edna because Carlos Garcia is not around (sic) on the same time, it was Carlos Garcia who instructed you to give P5,000.00. "A I have told a lie, sir. My conscience could not take it. "COURT TO THE WITNESS "Q "A So, what is the truth now because I will put you in jail? When I applied at Ricorn (Phil.) with Mr. Botero, Mr. Garcia was not around but it was Botero who said that my papers were alright."[21] In effect, accused-appellant Botero wants this court to apply the doctrine of falsus in uno, falsus in omnibus (false in one part, false in everything) and to disregard the entire testimony of Esclada. Under present jurisprudence, this maxim of law is rarely adhered to by the courts.[22] It is possible to admit and lend credence to the testimony of a witness whom the Court elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34714 4/8