This case has been cited 3 times or more.
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2005-09-30 |
TINGA, J. |
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| The defense was well aware of the relevance of the NBI report to prove their allegations that the victim was carrying a gun and used the same on Regencia, especially since the victim was reported to be negative of nitrates on his hands. No cogent reason could be thought of for the failure to secure a copy of the report or even know of its existence. It should be noted that the examination was made as early as September 1992. A party's failure to produce evidence, which if favorable would naturally have been produced, is open to the inference that the facts were unfavorable to his case.[61] This Court can only conclude that said gun never existed, and this explains the failure of the defense to present it before respondent court. Thus, it is immaterial to delve on the issue raised by the petitioner on the discrepancy of the make of the gun as noted by respondent court in its Decision. | |||||
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2003-09-26 |
TINGA, J. |
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| Nevertheless, the great majority of cases conforms to the rule in Burgos, which, in turn, more faithfully adheres to the letter of Section 5(a), Rule 113. Note the phrase "in his presence" therein, connoting personal knowledge on the part of the arresting officer. The right of the accused to be secure against any unreasonable searches on and seizure of his own body and any deprivation of his liberty being a most basic and fundamental one, the statute or rule that allows exception to the requirement of a warrant of arrest is strictly construed. Its application cannot be extended beyond the cases specifically provided by law.[98] | |||||