This case has been cited 1 times or more.
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2009-08-24 |
VELASCO JR., J. |
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| The positive and categorical testimony of SJO2 Sarino satisfactorily proves Macabare's guilt of illegal possession of shabu. We agree with the CA when it ruled that Macabare's mere denial cannot outweigh circumstantial evidence clearly establishing his participation in the crime charged. It is well-settled that positive declarations of a prosecution witness prevail over the bare denials of an accused.[20] The evidence for the prosecution was found by both the trial and appellate courts to be sufficient and credible while Macabare's defense of denial was weak, self-serving, speculative, and uncorroborated. An accused can only be exonerated if the prosecution fails to meet the quantum of proof required to overcome the constitutional presumption of innocence.[21] We find that the prosecution has met this quantum of proof in the instant case. | |||||