This case has been cited 2 times or more.
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2015-03-11 |
PEREZ, J. |
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| Before this Court is an appeal from the Decision[1] of the Court of Appeals (CA) in CA-G.R. CR HC No. 04942 affirming the Decision[2] in Criminal Case Nos. C-77992 and C-77993 rendered by the Regional Trial Court (RTC), Branch 120 of Caloocan City. The RTC Decision found accused-appellant Brian Mercado y Sarmiento (accused-appellant) guilty beyond reasonable doubt for violation of Sections 5 and 11, Article II of Republic Act No. 9165 (R.A. No. 9165), otherwise known as the "Comprehensive Dangerous Drugs Act of 2002." | |||||
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2013-09-04 |
BERSAMIN, J. |
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| It is a fundamental rule in criminal procedure that the State carries the onus probandi in establishing the guilt of the accused beyond a reasonable doubt, as a consequence of the tenet ei incumbit probation, qui dicit, non qui negat, which means that he who asserts, not he who denies, must prove,[40] and as a means of respecting the presumption of innocence in favor of the man or woman on the dock for a crime. Accordingly, the State has the burden of proof to show: (1) the correct identification of the author of a crime, and (2) the actuality of the commission of the offense with the participation of the accused. All these facts must be proved by the State beyond reasonable doubt on the strength of its evidence and without solace from the weakness of the defense. That the defense the accused puts up may be weak is inconsequential if, in the first place, the State has failed to discharge the onus of his identity and culpability. The presumption of innocence dictates that it is for the Prosecution to demonstrate the guilt and not for the accused to establish innocence.[41] Indeed, the accused, being presumed innocent, carries no burden of proof on his or her shoulders. For this reason, the first duty of the Prosecution is not to prove the crime but to prove the identity of the criminal. For even if the commission of the crime can be established, without competent proof of the identity of the accused beyond reasonable doubt, there can be no conviction.[42] | |||||