Académique Documents
Professionnel Documents
Culture Documents
Uy
Facts:
UYS VERSION
He just got home from tending to his garments business and was carrying a
large amount of money, P132,000 to be exact from his collections for the
sales of the day.
He said that he saw a white Toyota car outside his residence, the same being
offered to him for sale.
He allegedly refused but agreed to test-drive the said car. It was then that he
was allegedly stopped by the police and was ordered to give up his attach
case and forcible taken to the police station. It was there that he was
accused that said case contained the illegal substance.
TC DECISION: The trial court gave credence to the prosecutions story of a
legitimate buy bust operation and testimony of witnesses despite the nonpresentation of the NBI forensics chemist who tested and confirmed that substance
found in the accused possession is indeed shabu. The accused interposed the defense
of frame-up and alleged that the evidence was merely planted.
ISSUE: W/N the prosecutions evidence should be admitted YES
It may at once be noted that neither accused nor his counsel made express
admission that the contents of the plastic bags to be marked as Exhibits
contain methamphetamine hydrochloride.
o Based on the joint order, it is clear that accused and his counsel
merely agreed to the marking of the exhibits, and the clause
thereby dispensing with the testimony of forensic Chemist Bravo.
duty, their testimony on the operation deserved full faith and credit. 18 As has been
repeatedly held, credence shall 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 be evidence to the
contrary; moreover in the absence of proof of motive to falsely impute such a serious