Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 1 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
* FIRST DIVISION.
418
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 2 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
419
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 3 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
Raymundo Reyes.
Arias Law Office for accused-appellant Rolando delos
Reyes.
LEONARDO-DE CASTRO, J.:
On appeal is the Decision1 dated July 12, 2006 of the
Court of Appeals in CA-G.R. CR.-H.C. No. 01733, which
affirmed with modification the Decision2 dated September
23, 2003 of Branch 214 of the Regional Trial Court (RTC) of
Mandaluyong City in Criminal Case No. MC-00-2375-D.
The Court of Appeals found accused-appellants Rolando S.
delos Reyes
_______________
1 Rollo, pp. 4-13; penned by Associate Justice Elvi John S. Asuncion
with Associate Justices Jose C. Mendoza (now a member of this Court)
and Arturo G. Tayag, concurring.
2 CA Rollo, pp. 43-53; penned by Judge Edwin D. Sorongon.
420
421
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 5 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
3 Records, Vol. I, p. 1.
4 Id., at p. 65.
422
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 6 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
423
„BLOTTER‰
„Dumulog po rito sa himpilan ng Punong Barangay si Gng.
Virginia Delos Reyes, upang ipagbigay alam ang pagkawala
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 7 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
424
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 8 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
5 Id., at pp. 103-109.
6 Id., at p. 110.
425
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 9 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
7 Id., at p. 262.
8 Id., at p. 349.
9 TSN, July 12, 2000 and August 23, 2000.
10 TSN, August 23, 2000.
11 TSN, December 13, 2000.
12 TSN, February 21, 2001.
13 TSN, June 8, 2000.
426
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 10 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
around 1:00 p.m. of the same day, the police team was
dispatched, using four vehicles, to the location of the drug
deal and upon arrival, they waited for the confidential
informant to arrive. When the confidential informant
arrived at around 3:30 p.m., he told the police team that
the drug deal would possibly take place between 6:00 p.m.
and 11:00 p.m., and that the suspects would utilize a red
Toyota Corolla with plate number TRP-868 and a white
Toyota Corolla with plate number ULF-706. The police
team then positioned their cars strategically in such a way
that they could see the vehicles coming from St. Francis
Street and EDSA.
PO3 Santiago further recounted that at around 10:00
p.m., the suspected vehicles arrived, both stopping along
the driveway of Shangri-La Plaza. The drivers of the
vehicles alighted and talked to each other. The confidential
informant recognized the driver of the white Toyota car as
Mac-Mac and the driver of the red Toyota car as Botong.
After a few minutes, Botong made a call on his cellular
phone and then proceeded inside Whistle Stop Restaurant,
leaving Mac-Mac behind. Inside the restaurant, Botong
talked to another person, who was identified during the
investigation as Emmanuel de Claro alias Cocoy. PO3
Santiago was about three to five meters away. Thereafter,
Botong and Cocoy went out of the restaurant and
approached a car parked right outside. The person at the
back seat of the car, later on identified as Lantion-Tom,
handed to Cocoy a white plastic bag containing a box. Cocoy
gave the bag to Botong, who, in turn, handed the same bag
to Mac-Mac. In the meantime, Cocoy went back inside the
restaurant.
PO3 Santiago related that their team leader „sensed‰
that the drug deal had already been consummated, so the
police team immediately effected the arrest of the
suspected drug dealers. PO3 Santiago and PO3 Yumul
arrested Cocoy and Lantion-Tom, while SPO1 Lectura and
the remaining police team members arrested Botong and
Mac-Mac. The plastic bag containing the box was seized
from Mac-Mac. The arrested
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 11 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
427
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 12 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
428
that the drug deal would take place between 6:00 p.m. and
11:00 p.m. At around 10:00 p.m., the confidential informant
identified the suspected drug dealers Botong and Mac-Mac,
who were arriving in two cars. After conversing for a
moment with Mac-Mac, Botong went inside Whistle Stop
Restaurant to talk to Cocoy. Botong and Cocoy then went
outside the restaurant and approached another car. Cocoy
took a white plastic bag from the car, which he handed to
Botong. Thereafter, Cocoy went back inside the restaurant,
while „[Botong] proceeded to his car near [Mac-Mac].‰
SPO1 Lectura was positioned at the other lane of the road,
approximately 10 to 15 meters away from the suspects. At
that moment, SPO1 Lectura „sensed‰ that the drug deal
had been consummated, so he decided to already arrest the
suspects. SPO1 Lectura arrested Mac-Mac, from whom he
seized the white plastic bag. PO3 Yumul and PO3 Padpad
arrested Botong; and PO3 Santiago apprehended Cocoy.
The police team brought the arrested suspects to the police
office for investigation.
SPO1 Lectura submitted to SPO1 David the white
plastic bag containing a box with 10 heat-sealed plastic
sachets inside. In front of SPO1 Lectura, SPO1 David
marked the said articles with his initials. After physical
and chemical examinations revealed that the contents of
the sachets were shabu, SPO1 Lectura signed the Joint
Affidavit of Arrest dated February 18, 2000.
During cross-examination, SPO1 Lectura initially
denied that Marlon David was with Botong when the latter
was arrested, but he later admitted that the police also
arrested Marlon David. Marlon David was brought to
Camp Bagong Diwa, Taguig, together with the other
arrested suspects, for „verification,‰ and was released the
following day. SPO1 Lectura also admitted that during the
preliminary investigation, he and PO3 Corbe, PO3
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 13 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
429
was who saw where the shabu came from and that he
signed the minutes of the preliminary investigation
without reading the same. SPO1 Lectura maintained that
it was he who recovered the shabu from Mac-Mac. Lastly,
SPO1 Lectura acknowledged that his team heavily relied
on the information given by the confidential informant in
identifying the suspects in the illegal drug deal, who were
eventually arrested.
PO3 Yumul substantially narrated the same version of
events as that of PO3 Santiago and SPO1 Lectura. On
February 17, 2000, he was assigned at the Intelligence
Investigation Division of the RMG based in Camp Bagong
Diwa, Bicutan, Taguig. He was with SPO1 Lectura, PO3
Santiago, PO3 Fuentes, PO3 Padpad, and several other
police officers at the vicinity of Shangri-La Plaza in
Mandaluyong City, conducting surveillance operation
regarding the tipped-off illegal drug deal. He was with
SPO1 Lectura and PO3 Padpad in the car parked in front
of Shangri-La Plaza, while PO3 Fuentes, PO3 Dela Cruz,
and their confidential informant were in another car also
parked along the driveway of Shangri-La Plaza. PO3
Santiago, PO3 Arcancia, and PO3 Corbe were in the car
stationed in front of Whistle Stop Restaurant. PO3 Yumul
could not recall where the other members of the team were
located.
At around 10:00 p.m., the suspects Botong and Mac-Mac
arrived in separate cars, stopping in front of Shangri-La
Plaza. Botong and Mac-Mac alighted from their cars and
talked to each other. At that time, PO3 Yumul was about
five meters away from the two suspects. Moments later,
Botong called someone on his cellular phone, and then went
inside Whistle Stop Restaurant, leaving Mac-Mac behind.
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 14 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
430
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 15 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
431
sachet, 98.3 grams; one sachet, 94.9 grams; and one sachet,
93.5 grams. P/Insp. Cruto then took a representative
sample from each plastic sachet and proceeded with his
chemical and confirmatory examinations. The contents of
the 10 heat-sealed plastic sachets all tested positive for
methamphetamine hydrochloride, otherwise known as
shabu. P/Insp. Cruto recorded the result of the
examinations in his Physical Sciences Report No. D-097-
2000.14
The prosecution submitted the following object and
documentary evidence: the Joint Affidavit of Arrest15 dated
February 18, 2000 signed by SPO1 Lectura, PO3 Santiago,
PO3 Corbe, PO3 Arcancia, PO3 Dela Cruz and PO3 Javier;
the Sketch prepared in open court by SPO1 Lectura;16 the
10 heat-sealed plastic sachets recovered from the
possession of accused-appellants;17 the PNP-RMG Request
for Laboratory Examination of the contents of the 10 heat-
sealed plastic sachets;18 the PNP Crime Laboratory
Physical Sciences Report No. D-097-2000 dated February
18, 2000 which revealed that the contents of the 10 heat-
sealed plastic sachets positively tested for
19
methamphetamine hydrochloride; and the Letter
(Referral of the case to the Office of the City Prosecutor)20
dated February 18, 2000. The RTC admitted all the
aforementioned evidence for the prosecution in its Order21
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 16 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
14 Records, Vol. II, pp. 659-660.
15 Id., at pp. 656-658.
16 Id., at p. 663.
17 Exhibits D-2 to D-11.
18 Records, Vol. II, pp. 661-662.
19 Id., at pp. 659-660.
20 Id., at pp. 664-665.
21 Id., at p. 652.
22 TSN, April 25, 2001 and May 23, 2001.
432
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 17 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
23 TSN, July 31, 2001 and September 5, 2001.
24 TSN, December 12, 2001 and March 6, 2002.
25 TSN, March 13, 2002.
26 TSN, July 31, 2002.
433
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 18 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
434
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 19 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
435
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 20 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
that the police officers were waiting for another car. After
three hours of traveling, the car finally stopped and when
his blindfold was removed, he learned that they were
already at Camp Bagong Diwa in Bicutan, Taguig.
Emmanuel de Claro was placed in one room where he
stayed for almost an hour, until he was called into another
room where he met his co-accused for the first time. He
later saw Lantion-Tom at the office of one of the police
officers. They were interrogated by the police and being
forced to admit that the drugs being shown to them
belonged to them. They asked for a lawyer but their plea
was ignored. The police told Emmanuel de Claro and
Lantion-Tom that somebody should be held responsible for
the shabu so they were made to choose whether both of
them or only one of them would be charged. Emmanuel de
Claro was compelled to choose the latter option.
Roberto de Claro corroborated Emmanuel de ClaroÊs
testimony. On February 17, 2000, Roberto de Claro was at
home playing video games when his brother Emmanuel de
Claro and the latterÊs wife, Lantion-Tom, arrived and
requested him to drive their car because Emmanuel was
not feeling well. James, Roberto de ClaroÊs friend, rode with
them. They first went to Las Piñas City to check on
Emmanuel de ClaroÊs car at the auto shop, then they
proceeded to Libertad, Pasay City,
436
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 21 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
437
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 22 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
27 Records, Vol. II, pp. 888-911.
28 Id., at pp. 917-920.
29 Id., at pp. 912-913.
30 Id., at pp. 914-916.
31 Id., at pp. 922-923.
32 Id., at pp. 924-925.
33 Id., at p. 926.
34 Id., at pp. 927-929.
35 Id., at p. 930.
36 Id., at p. 934.
438
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 23 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
37 CA Rollo, p. 53.
38 Records, Vol. III, p. 1083.
39 Id., at pp. 1095 and 1194.
40 Id., at pp. 1104-1105.
41 Id., at pp. 1097-1103.
42 Id., at pp. 1115-1137.
439
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 24 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
43 Id., at pp. 1121-1122.
440
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 25 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
44 Id., at p. 1162.
45 Id., at pp. 1181-1183.
46 Id., at pp. 1198-1208.
47 Id., at p. 1208.
441
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 26 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
48 CA Rollo, pp. 69-70.
49 Id., at pp. 82-100.
50 Id., at pp. 127-140.
51 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.
52 CA Rollo, pp. 160-A and B.
53 Id., at pp. 179-211.
54 Rollo, p. 11.
55 Id., at pp. 16-23.
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 27 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
442
_______________
56 CA Rollo, p. 83.
57 Id., at p. 129.
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 28 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
443
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 29 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
444
_______________
58 Id., at pp. 184-185.
445
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 30 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
59 Records, Vol. I, p. 107.
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 31 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
446
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 32 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
63 People v. Mariano, 412 Phil. 252, 258; 359 SCRA 648, 652 (2001).
64 Records, Vol. III, pp. 1198-1208.
447
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 33 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
leaves the case incomplete, but throws doubt upon the accuracy of
the statements made. Such a witness may be honest, but his
testimony is not reliable.‰65 (Emphasis supplied.)
_______________
65 Id., at pp. 1200-1201.
448
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 34 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
66 Records, Vol. II, p. 657.
449
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 35 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
450
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 36 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
67 People v. Molina, 404 Phil. 797, 808; 352 SCRA 174, 181 (2001).
68 Id., at pp. 808-809; p. 182.
69 Id.
451
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 37 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
452
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 38 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
70 Id., at pp. 809-812; pp. 182-185.
453
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 39 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
454
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 40 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
455
xxxx
Q: Who of your companion apprehended Botong or Rolando delos
Reyes?
A: Botong was arrested by Yumul and Padpad, sir.
Q: How about De Claro?
A: Arrested by Santiago, sir.
xxxx
Q: Then what did you do after apprehending these people?
A: We brought them to our office for investigation, sir.71
(Emphases supplied.)
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 41 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
456
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 42 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
457
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 43 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
458
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 44 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
459
Q: And did you hear what was the subject of their conversation?
A: No, sir.
Q: Then what happened next when Botong talked to somebody inside
the Whistle Stop?
A: The companion stood up and they went outside and both of them
went to the side of Whistle Stop in front of the blue car, sir.
xxxx
Q: What did you do then?
A: Somebody opened the window in back of the blue car, sir.
Q: And then what happened next, if any?
A: A white plastic bag was handed to him with carton inside,
sir.
xxxx
Q: And who received that item or article from the car?
A: Cocoy, sir.
xxxx
Q: Were you able to know the person inside that car and who handed
to Cocoy the white plastic bag?
A: Yes, sir.
Q: Who was that person?
A: Mary Jane Lantion, sir.
xxxx
Q: And when this white plastic bag with carton placed inside handed
to Cocoy, what did you do?
A: It was first handed by Cocoy to Botong, the plastic bag and then
they walked in different direction, Cocoy went back inside the
Whistle Stop and then Botong went back to Mac-Mac, sir.
xxxx
Q: And then what happened next after that?
A: I followed Cocoy inside the Whistle Stop, sir.
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 45 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
xxxx
460
_______________
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 46 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
461
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 47 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
74 444 Phil. 757; 396 SCRA 657 (2003).
75 Id., at pp. 776-777; pp. 672-673.
462
_______________
76 Q: This afternoon you are going to tell this court that the first time that
you saw Exhibits D-1 to D-10, the alleged shabu, was inside your office,
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 48 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
correct?
A: Yes, sir.
Q: YouÊre under oath that the first time you [saw] this was in your office,
correct?
A: Yes, sir. (TSN, December 13, 2000, p. 33.)
77 Supra at note 74.
463
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 49 of 50
SUPREME COURT REPORTS ANNOTATED VOLUME 656 19/01/2019, 8)40 AM
_______________
78 Id., at pp. 776-777; pp. 672-673.
464
··o0o··
http://www.central.com.ph/sfsreader/session/0000016863870c497f22214b003600fb002c009e/p/ATH459/?username=Guest Page 50 of 50