This case has been cited 3 times or more.
|
2007-04-27 |
CALLEJO, SR., J. |
||||
| Moreover, the CA characterized as incredible and contrary to human experience that petitioner Ching would, as he claimed, deliver a total sum of P20,000,000.00 to respondent Nicdao without any documentary proof thereof, e.g., written acknowledgment that she received the same. On the other hand, it found plausible respondent Nicdao's version of the story that the P20,000,000.00 check was the same one that was missing way back in 1995. The CA opined that this missing check surfaced in the hands of petitioner Ching who, in cahoots with Nuguid, wrote the amount P20,000,000.00 thereon and deposited it in his account. To the mind of the CA, the inference that the check was stolen was anchored on competent circumstantial evidence. Specifically, Nuguid, as previous manager/owner of the grocery store, had access thereto. Likewise applicable, according to the CA, was the presumption that the person in possession of the stolen article was presumed to be guilty of taking the stolen article.[31] | |||||
|
2003-04-01 |
YNARES-SANTIAGO, J. |
||||
| Furthermore, at the time of their apprehension, appellant Bernabe and Garcia were unable to give a plausible explanation why they still had the Tamaraw FX in their possession. Appellant Bernabe claims that he and his co-accused went to Nampicuan, Nueva Ecija to have the dent on the vehicle repaired. Garcia, on the other hand, testified that there was no such damage. A person in possession of a stolen article is presumed guilty of having illegally and unlawfully taken the same unless he can satisfactorily explain his possession of the thing.[21] | |||||