6/7/2020
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LOMBOY with respect to this case when they were cross-examined by the
defense counsel. Truth be told, the extortion charge against LOMBOY is
merely being utilized by DELIA to lend some credence to her defense of
frame-up. To Our mind however, the complaint filed against DELIA cannot be
taken as a mere act of retaliation on the part of JOEL, MARVIN, ROLLY and
REYNALDO, JR. since it is apparent that the extortion case against LOMBOY
came only after private complainants charged her with illegal recruitment.
Verily, the lack of any connection between LOMBOY and private
complainants is a tell-tale sign that the concept of frame-up was but an
eleventh-hour defense of DELIA.
For another, LOMBOY's actuations must be taken as a distinct event from
which the extortion which DELIA claims, was rooted. Without any strong
evidence to connect private complainants to LOMBOY's alleged act of
extortion, this Court cannot simply brush aside the evidence presented for
the crime of illegal recruitment in large scale during the trial on the sole
ground that the arresting officer was involved in extortion. This is especially
true since each private complainant narrated with particularity the details of
their recruitment with respect to what was promised by and the amounts
paid to DELIA thereby placing beyond doubt that the latter was indeed
engaged in recruiting them for overseas work without any lawful authority to
do so.
Trite to state, when the credibility of the witness is in issue, the trial court's
assessment is accorded great weight unless it is shown that it has
overlooked a certain fact or circumstance of weight which the lower court
may have overlooked, misunderstood or misappreciated and which, if
properly considered, would alter the results of the case. Here, We find no
reason to deviate from the findings of the trial court since the totality of the
evidence supports DELIA's conviction for the crime charged.[13]
We affirm the findings by the CA. It is settled that the factual findings of the trial court,
including its assessment of the witnesses' credibility, are entitled to great weight and
respect by the Court, particularly when the CA affirmed such findings. This is because
the trial court is in the best position to determine the value and weight of the
testimonies of witnesses by observing their demeanor at the time they testify. The
absence of any showing by the accused that the trial court had overlooked certain facts
of substance and value that, if considered, could alter the result of the case, or that the
assessment by the trial court had been arbitrary, now impels the Court to give due
deference to the trial court's determination of the credibility of the witnesses and other
evidence.[14]
In her defense, the accused-appellant tendered denial and frame up.[15] Such defenses
contrasted with the positive and firm assertions of the complainants pointing to her as
the person who had induced them to part with their money in exchange for their being
employed abroad. Denial and frame up were negative by nature, and, as such, did not
prevail over the affirmative assertions of fact by the Prosecution's witnesses. Indeed,
such defenses are usually regarded by the courts as inherently weak by virtue of their
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