This case has been cited 9 times or more.
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2015-06-29 |
VILLARAMA, JR., J. |
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| Moreover, it bears stressing that in weighing the testimonies of the prosecution witnesses vis-à-vis those of the defense, the RTC gave more credence to the version of the prosecution. This Court finds no reason to disagree. Well-settled is the rule that in the absence of palpable error or grave abuse of discretion on the part of the trial judge, the trial court’s evaluation of the credibility of witnesses will not be disturbed on appeal.[38] Prosecutions involving illegal drugs depend largely on the credibility of the police officers who conduct the “buy-bust” operation and appellate courts, upon established precedents and of necessity, rely on the assessment of the credibility of witnesses by the trial courts which have the unique opportunity, unavailable to the appellate courts, to observe the witnesses and to note their demeanor, conduct, and attitude under direct and cross-examination.[39] | |||||
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2015-01-21 |
VILLARAMA, JR., J. |
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| Moreover, in weighing the testimonies of the prosecution witnesses vis-à-vis those of the defense, the RTC gave more credence to the version of the prosecution, to which this Court finds no reason to disagree. Well-settled is the rule that in the absence of palpable error or grave abuse of discretion on the part of the trial judge, the trial court's evaluation of the credibility of witnesses will not be disturbed on appeal.[30] Prosecutions involving illegal drugs depend largely on the credibility of the police officers who conduct the "buy-bust" operation and appellate courts, upon established precedents and of necessity, rely on the assessment of the credibility of witnesses by the trial courts which have the unique opportunity, unavailable to the appellate courts, to observe the witnesses and to note their demeanor, conduct, and attitude under direct and cross-examination.[31] | |||||
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2010-08-16 |
PEREZ, J. |
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| Finally, in cases involving violations of Dangerous Drugs Act, credence should be given to the narration of the incident by the prosecution witnesses especially when they are police officers who are presumed to have performed their duties in a regular manner, unless there is evidence to the contrary.[18] In this regard, the defense failed to show any ill motive or odious intent on the part of the police operatives to impute such a serious crime that would put in jeopardy the life and liberty of an innocent person, such as in the case of appellant. Incidentally, if these were simply trumped-up charges against him, it remains a question why no administrative charges were brought against the police operatives. Moreover, in weighing the testimonies of the prosecution witnesses vis-à-vis those of the defense, it is a well-settled rule that in the absence of palpable error or grave abuse of discretion on the part of the trial judge, the trial court's evaluation of the credibility of witnesses will not be disturbed on appeal.[19] | |||||
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2010-07-26 |
PEREZ, J. |
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| In weighing the testimonies of the prosecution witnesses vis-à-vis those of the defense, the trial court gave more credence to the version of the prosecution. We find no reason to disagree. Well-settled is the rule that in the absence of palpable error or grave abuse of discretion on the part of the trial judge, the trial court's evaluation of the credibility of witnesses will not be disturbed on appeal.[17] Prosecutions involving illegal drugs depend largely on the credibility of the police officers who conduct the "buy-bust" operation and appellate courts, upon established precedents and of necessity, rely on the assessment of the credibility of witnesses by the trial courts which have the unique opportunity, unavailable to the appellate courts, to observe the witnesses and to note their demeanor, conduct, and attitude under direct and cross- examination. Incidentally, the issues raised by the defense mention a certain PO2 Molina. Notably, however, there is nothing in the records to indicate the participation of any PO2 Molina. | |||||
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2008-10-17 |
CHICO-NAZARIO, J. |
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| The penalty prescribed under Section 15 of Article III, in relation to Section 20 of Article IV, of the Dangerous Drugs Act of 1972, as amended by Republic Act No. 7659, for unauthorized sale of 200 grams or more of shabu or methamphetamine hydrochloride is reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos.[40] | |||||
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2004-02-05 |
CARPIO, J. |
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| We are aware that in some instances law enforcers resort to the practice of planting evidence to extort money from a civilian. However, like alibi, frame-up is a defense that the Court has invariably viewed with disfavor as one can easily concoct it. Hence, frame-up is commonly used as a standard line of defense in most prosecutions arising from violations of the Dangerous Drugs Act. In this light, courts cannot accept in every instance the police officers' alleged rotten reputation as sole basis for acquittal.[11] The presumption that police officers involved in a buy-bust operation have performed their duties regularly can be overturned if clear and convincing evidence is presented to prove either of two things: (1) that they were not properly performing their duty, or (2) that they were inspired by any improper motive.[12] | |||||
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2004-01-20 |
SANDOVAL-GUTIERREZ, J. |
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| At this point it is apt to stress that the findings of the trial court, having had the opportunity to personally observe the demeanor of the witnesses, are entitled to great weight and respect, absent any showing that the trial court overlooked facts or circumstances which would substantially affect the result of the case.[16] In the present case, the trial court found the evidence for the prosecution worthy of credence and we see no cogent reason to deviate from such finding. The witnesses for the prosecution are law enforcement officers who, unless shown that they were inspired by an improper motive or were not properly performing their duty, have in their favor the legal presumption that official duty has been regularly performed.[17] | |||||
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2004-01-14 |
CALLEJO, SR., J. |
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| The testimonies of the principal prosecution witnesses complement each other, giving a complete picture of how the appellant's illegal sale of the prohibited drug transpired, and how the sale led to his apprehension in flagrante delicto. Their testimonies establish beyond doubt that dangerous drugs were in the possession of the appellant who had no authority to possess or sell the same. More importantly, all the persons who obtained and received the confiscated stuff did so in the performance of their official duties. Unless there is clear and convincing evidence that the members of the buy-bust team were inspired by any improper motive or were not properly performing their duty, their testimonies on the buy-bust operation deserve full faith and credit.[26] | |||||
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2003-10-23 |
SANDOVAL-GUTIERREZ, J. |
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| We have carefully reviewed the records and found no cogent reason to overthrow the findings of fact and conclusions of law by the trial court. That this is a matter exclusively within its competence, since it had the unique opportunity of observing the witnesses and their manner of testifying during trial, had long been established. Hence, its findings are accorded respect and will not be disturbed on appeal, except when there is a clear showing that facts of weight and substance which would affect the outcome of the case have been overlooked, misunderstood, or misapplied.[21] This exception is not present here. | |||||