Practice question
One credible witness clearly observes a delivery. Another, distracted in a different room, says only that no delivery was noticed. What factor supports giving the eyewitness's affirmative account greater weight?
- The eyewitness is automatically infallible
- The distracted witness is legally forbidden to testify
- The eyewitness's actual opportunity and affirmative perception, contrasted with mere nonobservation
- The court must count words rather than assess evidence
- The delivery is proved solely because the claim is affirmative
Legal references
- Gomez v. Gomez-Samson, G.R. No. 156284, February 6, 2007; People v. Lastimosa, G.R. No. 265758, February 3, 2025, main decisions.
- Reviewed primary authority, Main decision, qualified positive-negative weight and expert methods: https://www.lawphil.net/judjuris/juri2007/feb2007/gr_156284_2007.html
- Reviewed primary authority, Main decision, credible positive identification versus bare denial: https://lawphil.net/judjuris/juri2025/feb2025/gr_265758_2025.html
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