The seeming discrepancy in the statements of the witnesses (one
saying the money was wrapped in paper, the other, that the money was in an
envelope; neither testified on the specific date of the exaction), refers only
to minor details. Perhaps it would be
different if the variance refers to essential points, e.g., whether the amount
of P30,000.00 was actually paid by petitioners to private respondents. Consequently, whether the money was wrapped
in paper, or placed in an envelope, or unwrapped, or whether the parties could
not recall when the payment was effected is unimportant. After all, the money could have been wrapped
in paper and placed in the envelope, or placed in the envelope without being
wrapped, or wrapped with use of an unpasted envelope that appeared to be the
envelope itself. In either case,
petitioners could have viewed them differently; but the difference is
ultimately inconsequential. The crucial
point to consider is that the petitioners categorically and unequivocally
testified that respondents collected from them the amount of P30,000.00 as
their placement fees and that they paid the amount demanded. In this regard, it may be worth to emphasize
that only substantial evidence, not necessarily clear and convincing evidence,
is required. Moreover, when confronted
with conflicting assertions, the rule that "as between a positive and
categorical testimony which has a ring of truth on one hand, and a bare denial
on the other, the former is generally held to prevail x x x x"[17]
applies.
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