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PEOPLE v. DANTE JOSE DIVINA

This case has been cited 1 times or more.

2009-04-07
VELASCO JR., J.
In the instant case, the defense of frame-up has not been substantiated by accused-appellant. No clear and convincing evidence has been adduced showing the police officers' alleged extortion. As we have previously held, against the positive testimonies of the prosecution witnesses, accused-appellant's plain denial of the offenses charged, unsubstantiated by any credible and convincing evidence, must simply fail.[17]What is more, if accused-appellant were truly aggrieved, he could have filed a complaint against the arresting officers.[18] We are, thus, constrained to uphold the presumption of regularity in the performance of duties by the police officers.