This case has been cited 1 times or more.
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2009-06-25 |
CHICO-NAZARIO, J. |
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| The prosecution is entitled to conduct its own case and to decide what witnesses to call to support its charges.[48] The defense posture that the non-presentation of the wife of Biacora constitutes suppression of evidence favorable to petitioner Ritualo is fallacious. In fact, the same line of reasoning can be used against petitioner Ritualo. If the defense felt that the testimony of Biacora's wife would support her defense, what she could and should have done was to call her (Biacora's wife) to the stand as her own witness. One of the constitutional rights of the accused is "to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf." And, in the same vein, since petitioner Ritualo is setting the cloak of liability on Seraspe's shoulder, she (petitioner Ritualo) could and should have had the former subpoenaed as well. | |||||