This case has been cited 3 times or more.
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2014-01-15 |
LEONARDO-DE CASTRO, J. |
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| In People v. Ting Uy,[59] the Court explains that "credence shall be given to the narration of the incident by prosecution witnesses especially so when they are police officers who are presumed to have performed their duties in a regular manner, unless there be evidence to the contrary." In the instant case, the appellant failed to ascribe, much less satisfactorily prove, any improper motive on the part of the prosecution witnesses as to why they would falsely incriminate him. The appellant himself even testified that, not only did he not have any misunderstanding with P/Insp. Fajardo and PO2 Trambulo prior to his arrest, he in fact did not know them at all.[60] In the absence of evidence of such ill motive, none is presumed to exist.[61] | |||||
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2009-08-24 |
VELASCO JR., J. |
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| As to the fine imposed on Macabare, the appellate court, citing People v. Lee,[23] reduced it from PhP 5 million to PhP 500,000 in view of the quantity of the shabu (410.6 grams) involved. We affirm the CA's modification of the fine imposed as it is within the range prescribed by RA 6425, as amended.[24] | |||||
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2003-08-05 |
YNARES-SANTIAGO, J. |
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| However, we note that the trial court did not impose a fine. The imposition of fine is mandatory in cases of conviction of unauthorized sale of regulated drugs. Courts may fix any amount within the limits established by law and; in fixing the amount in each case, attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.[30] As stated above, the law prescribes the penalty of reclusion perpetua to death and a fine ranging from five hundred thousand pesos to ten million pesos if the shabu involved weighs 200 grams or more. Considering that the amount of shabu sold in this case weighed 262.272 grams, we deem the amount of Five Hundred Thousand Pesos (P500,000.00) reasonable.[31] | |||||