G.R. No. 182347
People vs. Emilio Rivera Y CABLANG ALIAS `BOY,'
October 17, 2008
Facts:
Accused-appelant questioned his conviction on
the ground that prosecution only relied on the testimony of one witness and
that there had been a gap in the seizure and custody of the alleged evidence
for failure of the operatives to take inventory of the same.
Ruling:
This Court takes
pride in upholding a most fundamental constitutional right which is the right
of an accused in criminal prosecutions to be presumed innocent until proven
guilty beyond reasonable doubt. Thus, in order to justify the conviction of an
accused, the prosecution must adduce that quantum of evidence sufficient to
overcome this constitutional presumption of innocence.
The
non-presentation as witnesses of other persons such as the other police
officers forming a buy-bust team is not a crucial point against the prosecution since the matter
of presentation of witnesses by the prosecution is not for the court to decide.
It is the prosecution which has the discretion as to how to present its case
and it has the right to choose whom it wishes to present as witnesses. Moreover, the testimony of a single prosecution witness, if credible and
positive and satisfies the court as to the guilt of the accused beyond
reasonable doubt, is enough to sustain a conviction.
Truth is
established not by the quantity of witnesses but by the quality of their
testimonies. The testimony only needs to establish sufficiently:
(1) the identity of the buyer, seller, object and consideration; and (2) the
delivery of the thing sold and the payment thereof.
The categorical and
convincing testimonies of the policemen, backed up by physical evidence,
overcome the unsubstantiated claim of ill-motive by appellant. Accused-appellant's
guilt having been established beyond reasonable doubt, the presumption of
innocence in his favor is overturned.
The Court sustained
the conviction of accused-appellant.
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