Practice question
Two credible records establish that an affirmative witness was elsewhere when he claims to have watched an event. The opponent gives a carefully grounded account of nonoccurrence. Counsel insists affirmative grammar makes the first witness prevail regardless. Which is correct?
- The court must evaluate the factual foundations rather than apply an absolute verbal preference
- Positive wording conclusively overrides contrary records
- Every negative account is inadmissible
- Only the order of witnesses matters
- The records must be ignored because they are not positive testimony
Legal references
- A.M.19-08-15-SC, current Rules128,130 Sections1,21–22 and133 Sections1–5: https://lawphil.net/courts/rules/pdf/am_19-08-15-sc_2019.pdf
- Gomez v. Gomez-Samson, G.R.156284, February6,2007, MAIN: https://www.lawphil.net/judjuris/juri2007/feb2007/gr_156284_2007.html
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