This case has been cited 3 times or more.
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2004-06-14 |
PUNO, J. |
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| Consequently, the case of the prosecution has been reduced to nothing but mere suspicions and speculations. It is hornbook doctrine that suspicions and speculations can never be the basis of conviction in a criminal case.[85] Courts must ensure that the conviction of the accused rests firmly on sufficient and competent evidence, and not the results of passion and prejudice.[86] If the alleged inculpatory facts and circumstances are capable of two (2) or more explanations, one of which is consistent with the innocence of the accused, and the other consistent with his guilt, then the evidence is not adequate to support conviction.[87] The court must acquit the accused because the evidence does not fulfill the test of moral certainty and is therefore insufficient to support a judgment of conviction.[88] Conviction must rest on nothing less than a moral certainty of the guilt of the accused.[89] The overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt.[90] It is thus apropos to repeat the doctrine that an accusation is not, according to the fundamental law, synonymous with guilt the prosecution must overthrow the presumption of innocence with proof of guilt beyond reasonable doubt. The prosecution has failed to discharge its burden. Accordingly, we have to acquit. | |||||
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2002-10-15 |
PANGANIBAN, J. |
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| and the attendant killing. At most, this piece of circumstantial evidence, taken with the other one, may lead to suspicion. But courts do not rely on circumstantial evidence that merely arouses suspicion or conjecture.[43] For circumstantial evidence to lead to conviction, it must do more than just raise the mere possibility or even probability of guilt.[44] It must engender moral certainty. Motive for the Crime | |||||
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2002-02-12 |
BUENA, J. |
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| "Moreover, when the NARCOM agents saw the plastic bag hanging in one corner of the kitchen, they had no clue as to its contents. They had to ask the appellant what the bag contained. When the appellant refused to respond, they opened it and found the marijuana. Unlike Ker v. California, where the marijuana was visible to the police officer's eyes, the NARCOM agents in this case could not have recovered the inculpatory nature of the contents of the bag had they not forcibly opened it. Even assuming then, that the NARCOM agents inadvertently came across the plastic bag because it was within their 'plain view,' what may be said to be the object in their 'plain view' was just the plastic bag and not the marijuana. The incriminating nature of the contents of the plastic bag was not immediately apparent from the 'plain view' of said object. It cannot be claimed that the plastic bag clearly betrayed its contents, whether by its distinctive configuration, its transparency, or otherwise, that its contents are obvious to an observer." While it is true that the police officers had prior justification for intrusion, permitting a warrantless seizure of any piece of evidence incriminating an accused, nonetheless, applying the "plain view doctrine," such must be limited to those evidence that the police officer came across inadvertently. The prosecution failed to show whether or not the plastic bag was transparent that would prove beyond reasonable doubt that the "plain view" of such plastic bag would readily disclose that its contents are marijuana. In our criminal justice system, the overriding consideration is not whether the court doubts the innocence of the accused but whether it entertains a reasonable doubt as to his guilt.[20] If the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the innocence of the accused and the other consistent with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction.[21] Corollarily, the two bricks of marijuana are inadmissible in evidence against accused-appellant. | |||||