This case has been cited 3 times or more.
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2016-01-11 |
DEL CASTILLO, J. |
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| Prefatorily, we stress again that generally, the trial court's findings of fact, especially when affirmed by the CA, are entitled to great weight, and will not be disturbed on appeal.[13] Even as this Court must defer to this salutary rule, it must likewise pay homage to a higher duty which is to dispense real, conscientious and honest-to-goodness justice by conducting a thorough examination of the entire records of the case based on the settled principle that an appeal in a criminal case opens the whole case for review on all questions including those riot raised by the parties.[14] | |||||
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2015-02-04 |
DEL CASTILLO, J. |
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| As a final note, it does not escape the Court's attention that there was also no testimony from the police officers that they conducted a physical inventory and took photographs of the sachets of shabu confiscated from appellant pursuant to Section 21(1)[27] of Article II of RA 9165. Their sworn statements did not mention any inventory-taking or photographing of the same. They also did not bother to offer any justification for this omission.[28] At this point, it is apt to restate the Court's pronouncement in People v. Pepino-Consulta:[29] | |||||
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2015-02-04 |
PEREZ, J. |
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| While we share the same observation of the trial courts that the version of the accused was highly implausible to become worthy of belief and contrary to human experience, we cannot turn a blind eye on the presumption of innocence of the accused. The burden lies on the prosecution to overcome such presumption of innocence by presenting the quantum of evidence required. In so doing, the prosecution must rest on its own merits and must not rely on the weakness of the defense. And if the prosecution fails to meet the required amount of evidence, the defense may logically not even present evidence on its own behalf.[19] Settled is the rule that the evidence for the prosecution must stand or fall on its own weight and cannot be allowed to draw strength from the weakness of the defense.[20] | |||||