Monday, October 8, 2012

Decision-making 101 | Inquirer Opinion

Decision-making 101 | Inquirer Opinion
See - http://opinion.inquirer.net/38204/decision-making-101

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How facts are proven. Facts are usually proven in accordance with the rules of evidence by documents and/or oral testimony in the regional trial court (RTC) or municipal courts, not in the Court of Appeals, and certainly not in the Supreme Court, which does not examine witnesses. As a rule, the Supreme Court relies on the finding of facts of trial courts. Why? Let me quote the answer from the high court itself:
“The trial judge had the opportunity to observe the witnesses personally and determine by his own firsthand impressions the credibility of their testimony as indicated by their demeanor on the stand, the forthrightness of their declarations, the shades of tone and word and pause, drawing the line between fact and fabrication.” (People vs. Delavin, Feb. 27, 1987)
“Timidity, forthrightness, surliness, belligerence, indignation, embarrassment, hesitancy, glibness, evasiveness, insolence—these and many other indicia define the credibility of the witness on the stand. The opportunity of the trial judge to observe all these characteristics places him in a better position than the appellate court in resolving controversial issues of fact. This is the reason why his findings thereon are received on appeal with great respect, if not indeed as conclusive on the higher court.” (People vs. Rivera, Oct. 1, 1993)
Though the lowliest in the judicial hierarchy, trial judges are indispensable in determining the facts upon which most cases turn. Trial judges are virtual kings and almost irreversible when they acquit the accused in criminal cases, because acquittals cannot be appealed without violating the rule on double jeopardy.
The Constitution states: “No person shall be put twice in jeopardy of punishment for the same offense.” This constitutional double jeopardy prohibition has been uniformly interpreted to mean that a judgment of acquittal is immediately executory and cannot be appealed.
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