I
"THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND
CREDENCE TO THE TESTIMONIES OF THE PROSECUTION WITNESSES AND
IN DISREGARDING THE THEORY OF THE DEFENSE.
II
THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSEDAPPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME
CHARGED DESPITE INSUFFICIENCY OF EVIDENCE."xv[15]
On March 20, 1997, appellant presented a motion to withdraw the appeal. Acting thereupon, the
Court directed his counsel to confer with appellant and ascertain the voluntariness of subject
motion, and whether appellant was aware of its legal consequences. After confering with the
accused on October 29, 1997, counsel prayed that the Motion to Withdraw the Appeal be
disregarded.
The pivotal issue at bar being factual and evidentiary, the credibility of the witnesses assumes
extreme importance. Well-entrenched to the point of being elementary is the doctrine that on the
issue of credibility of witnesses, findings arrived at by the trial court are accorded great weight
and respect on appeal because of the singular opportunity of the lower court to observe the
demeanor of the witnesses on the witness stand.
"xxx Factual findings of fact of the trial court pertaining to the credibility of witnesses command
great weight and respect since it had the opportunity to observe their demeanor while they
testified in court." xxx (People v. Tanedo, 266 SCRA 34)
"Well-entrenched is the rule that findings of trial courts on credibility of witnesses deserve a high
degree of respect. "(People v. Atad, 266 SCRA 262)"
"Findings of the trial court which are factual in nature deserves to be respected and affirmed by
the appellate courts. xxx" (People v. Magallano, 266 SCRA 305)
"xxx Unless the trial judge plainly overlooked certain facts of substance and value which, if
considered, might affect the result of the case, his assessment on credibility must be respected."
(People v. Ramirez, 266 SCRA 335)
"xxx The age old-rule is that the task of assigning values to the testimonies of witnesses in the
stand and weighing their credibility is best left to the trial court which forms its first-hand
impressions as a witness testifies before it. xxx (People v. Sarabia, 266 SCRA 471)
Factual findings and conclusions of the trial court are entitled to great weight and respect and
should not be disturbed on appeal. xxx (People v. Cahindo, 266 SCRA 554)