DEFINITION; MEANING
Concurring opinion -- a separate opinion delivered by one or more judges which agrees with the decision of the majority of the court but offering its own reason for reaching that decision. (Manotok vs. Barque, G.R. Nos. 162335 & 162605, February 13, 2009)Good faith -- an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of the law, together with an absence of all information or belief of fact which would render the transaction unconscientious. (Commercial Company vs. CA, G.R. No. 122823, Nov. 25, 1999; 377 Phil. 221)
Preponderance of evidence--that evidence which is of greater weight or is more convincing than that which is in opposition to it. (Bank of the Philippine Islands vs. Reyes, G.R. No. 157177, Feb 11, 2008)
Res gestae -- statements made by the participants or the victims of, or the spectators to, a crime immediately before, during, or after its commission. These statements are a spontaneous reaction or utterance inspired by the excitement of the occasion, without any opportunity for the declarant to fabricate a false statement. (People vs. Fallones, G.R. No. 190341, Mar 16, 2011)
Unwilling or hostile witness -- one so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand. (Gomez vs. Gomez-Samson, G.R. No. 156284, Feb 6, 2007)
Preponderance of evidence--that evidence which is of greater weight or is more convincing than that which is in opposition to it. (Bank of the Philippine Islands vs. Reyes, G.R. No. 157177, Feb 11, 2008)
Res gestae -- statements made by the participants or the victims of, or the spectators to, a crime immediately before, during, or after its commission. These statements are a spontaneous reaction or utterance inspired by the excitement of the occasion, without any opportunity for the declarant to fabricate a false statement. (People vs. Fallones, G.R. No. 190341, Mar 16, 2011)
Unwilling or hostile witness -- one so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the witness stand. (Gomez vs. Gomez-Samson, G.R. No. 156284, Feb 6, 2007)
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