Thursday, December 12, 2013

Self-serving general statements of witnesses.


"x x x.

Finally, the testimonies of Ponciano and Florencia Francisco Mariano
(Cresencia's daughter) on the nature and duration of their family's alleged
possession of the property, other than being self-serving, were mere general
statements and could not have constituted the factual evidence of possession
that the law requires. They also failed to point out specific acts of dominion
or ownership that were performed on the property by the parents of
Cresencia, their predecessors-in-interest. They likewise failed to present any
evidence that could have corroborated their alleged possession of the
property from the time of their grandfather, Cipriano, who acquired the
property from its previous owner, Petrona Sta. Teresa. Interestingly, other
than Ponciano and Florencia, none of the witnesses on record seemed to
have known that Cresencia owns or at least claims ownership of the
property.

x x x."


See:

ROMAN CATHOLIC ARCHBISHOP
OF MANILA,
Petitioner,

-versus-

CRESENCIASTA.TERESA
RAMOS, assisted by her husband,
PONCIANO FRANCISCO,
Respondent.

G.R. No. 179181
NOV. 18, 2013