lawphil.net/judjuris/juri2010/oct2010/gr_173822_2010.html
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Indeed, Mirandilla’s positive identification of the petitioners as the killers, and her declarations on what each of the petitioners did when they mounted their sudden deadly assault against Llona left no doubt whatsoever that they had conspired to kill and had done so with treachery.
It is a basic rule of appellate adjudication in this jurisdiction that the trial judge’s evaluation of the credibility of a witness and of the witness’ testimony is accorded the highest respect because the trial judge’s unique opportunity to observe directly the demeanor of the witness enables him to determine whether the witness is telling the truth or not.
Such evaluation, when affirmed by the CA, is binding on the Court unless facts or circumstances of weight have been overlooked, misapprehended, or misinterpreted that, if considered, would materially affect the disposition of the case.
Fortifying the application of the rule is that Mirandilla’s positive declarations on the identities of the assailants prevailed over the petitioners’ denials and alibi.
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