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[G.R. No. 137758.
PEOPLE vs. SUAN
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
G.R. No. 137758 (People of the Philippines vs. Arturo Suan.)
For resolution before the Court is the appellant's Motion for New Trial.
On
In its Comment to the appellant's Motion for New Trial filed on
We deny the motion of the appellant.
It is error for the appellant to insist that the affidavit of April Rose Arnaiz executed before the Ombudsman and her testimony before criminal Case No. DU-6943 retracting on her previous testimony in the case at bar constitute as "newly discovered evidence." Under Rule 121, Sec. 2 of the Revised Rules of criminal Procedure, the only grounds for new trial are (a) that errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; (b) that new and material evidence has been discovered which the accused could not, with reasonable diligence, have discovered and produced at the trial and which if introduced and admitted would probably changed the judgment.We do not consider the retractions by April Rose Arnaiz of her testimonies previously given in court as "newly discovered evidence." As held in People v. Dalabajan, [1] cralaw motions for new trial based on affidavits of recantations or otherwise retraction of testimonies previously given in court are looked upon with disfavor.The rationale for the rule is obvious.Affidavits of retraction can easily be secured from witnesses, usually through intimidation or for a monetary consideration.Recanted testimony is exceedingly unreliable.There is always the probability that it will later be repudiated.If new trials were granted every time an interested party succeeds in inducing a witness to change his testimony, there would never be an end to criminal litigation.
WHEREFORE, the Court RESOLVES to DENY the motion for new trial of the appellant.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Asst. Div. Clerk of Court
Endnotes:
[1] cralaw 280 SCRA 696 (1997).
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