This case has been cited 1 times or more.
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2011-03-02 |
VELASCO JR., J. |
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| It is not for accused-appellant to determine which evidence or testimony the prosecution should present. In Loguinsa, Jr. v. Sandiganbayan (5th Division), the Court stated, "Section 5, Rule 110 of the Revised Rules on Criminal Procedure expressly provides that all criminal action shall be prosecuted under the direction and control of the fiscal and what prosecution evidence should be presented during the trial depends solely upon the discretion of the prosecutor."[34] The DNA test is not essential, while there exists other evidence pinning down accused-appellant as the perpetrator. Indeed, if he honestly thought that the DNA test could have proved his innocence, he could have asked for the conduct of said test during his trial, instead of belatedly raising it on appeal, and attempting to dictate upon the prosecution what course of actions it should have undertaken. | |||||