This case has been cited 2 times or more.
|
2006-12-06 |
QUISUMBING, J. |
||||
| Notably, the subject premises of the search warrant was the Gaudencio E. Fernando Music Fair, named after petitioner Fernando.[33] Even his bail bond shows that he lives in the same place.[34] Moreover, the mayor's permit dated August 8, 1996, shows that he is the owner/operator of the store.[35] While the mayor's permit had already expired, it does not negate the fact that Fernando owned and operated the establishment. It would be absurd to make his failure to renew his business permit and illegal operation a shield from prosecution of an unlawful act. Furthermore, when he preferred not to present contrary evidence, the things which he possessed were presumptively his.[36] | |||||
|
2005-12-16 |
CHICO-NAZARIO, J. |
||||
| Anent the failure of the investigators to conduct a paraffin test on petitioner, this Court has time and again held that such failure is not fatal to the case of the prosecution as scientific experts agree that the paraffin test is extremely unreliable[27] and it is not conclusive as to an accused's complicity in the crime committed.[28] | |||||