Navarro, G.R. No. 96251, May 11, 1993, 222 SCRA 684, the Supreme
Court noted that "Denial is the weakest defense' [page 692].
In People of the Philippines vs. Rolando Precioso, et al., G.R. No.
95890, May 12, 1993, 221 SCRA 1993, the Supreme Court observed
that,
`We have consistently ruled that denials if unsubstantiated by clear
and convincing evidence are negative and self-serving evidence which
deserves no weight in law and cannot be given greater evidentiary
weight over the testimony of credible witnesses. Ergo, as between the
positive declarations of the prosecution witness and the negative
statements of the accused, the former deserves more
credence." [page 754].'
However, Respondent conveniently resorts to section 33, Rule 130 of
the Revised Rules of Court which states that a declaration of an
accused acknowledging his guilt of the offense charged, or of any
offense necessarily included herein, may be given in evidence against
him [affiants who executed Exhibits E-1 to E-10] but not against
Respondent.
There is no merit in this contention.
The affiants are not the accused. Their participation in the herein case
is in the nature of witnesses who have assumed the risk of being
subsequently charged with violating Section 261 [1] of BP 881. In fact,
their affidavits were sought by the Petitioner and not by any law
enforcement agency. Even Respondent admits this finding when he
filed his Reply to Petitioner's Position Paper and Motion to Refer for
Preliminary Investigation and Filing of Information in Court against the
Persons Who Executed Exhibits E-1 to E-10 for Having Admitted
Commission of Election Offense. If they were the accused, why file the
motion? Would not this be redundant if not irrelevant?
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