This case has been cited 1 times or more.
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2009-06-22 |
CHICO-NAZARIO, J. |
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| The non-presentation of the confidential informant is not fatal to the prosecution. Informants are usually not presented in court because of the need to hide their identity and preserve their invaluable service to the police. It is well-settled that except when the petitioner vehemently denies selling prohibited drugs and there are material inconsistencies in the testimonies of the arresting officers, or there are reasons to believe that the arresting officers had motives to testify falsely against the petitioner, or that only the informant was the poseur-buyer who actually witnessed the entire transaction, the testimony of the informant may be dispensed with as it will merely be corroborative of the apprehending officers' eyewitness testimonies. There is no need to present the informant in court where the sale was actually witnessed and adequately proved by prosecution witnesses.[36] The testimony of an informant who witnessed the illegal sale of shabu is not essential for conviction and may be dispensed with if the poseur-buyer testified on the same, because the informant's testimony would merely corroborate that of the poseur-buyer.[37] What can be fatal is the nonâ€'presentation of the poseur-buyer, if there is no other eyewitness to the illicit transaction[38] -- not the nonâ€'presentation of the informant whose testimony under certain circumstances would be merely corroborative or cumulative.[39] | |||||