A to collate concrete evidence against the suspects

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A: To collate concrete evidence against the suspects, sir. COURT: Q: Why? Are you not sure when you applied for search warrant that Raul and Rael were not in possession of the dangerous drugs? A: We were certain, your Honor; however, we were afraid that the shabu and the marijuana in their possession had already been consumed that is why we waited for some more time, your Honor. [19]
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 8 of 18 Although the same witness above confirmed that he was not involved in the surveillance conducted prior to the issuance of the search warrant, he testified that he was involved in the surveillance after the issuance of the same search warrant, thus: FISCAL LLOBRERA Q: Officer, upon obtaining that search warrant, what did you do, if any? A: We informed our Chief of Police that our application for the issuance of a search warrant was already approved, sir. Q: After making that report, what else happened? A: We ordered that a surveillance be conducted, sir. Q: Do you know if that surveillance [was] actually conducted? A: Not yet, sir. Q: What actually finally - was there any surveillance made? A: Yes, sir, we were the ones who conducted the surveillance, sir. [20] x x x x ATTY. GARCIA Q: How many times did you conduct surveillance? A: Two (2) times, sir. Q: Can you tell us the specific date? A: June 23 and 24, sir. Q: And in your surveillance on June 23 and 24, you were able to see young students going to the house of the accused in buying dangerous drugs? A: It was on June 24 when I saw students going there, sir. Q: At that time, you did not have (sic) in possession of the search warrant? A: We were already equipped or armed with the search warrant, sir. [21] It is a settled rule that in cases involving violations of the Dangerous Drugs Act, credence is given to prosecution witnesses who are police officers for they are presumed to have performed their duties in a regular manner, unless there is evidence to the contrary. [22] It must be emphasized that their testimonies in open court are considered in line with the presumption that law enforcement officers have performed their duties in a regular manner. [23] In the absence of proof of motive to impute falsely a crime as serious as violation of the Comprehensive Dangerous Drugs Act, the presumption of regularity in the performance of official duty, as well as the findings of the trial court on the credibility of the prosecution witnesses, shall prevail over petitioner's self-serving and uncorroborated denial. [24] Moreover, the factual findings of the trial court, when affirmed by the Court of Appeals, are conclusive and binding on this Court. [25] Petitioner further contends that the testimonies of the defense witnesses were not
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 9 of 18 considered; otherwise, it would have been proven that the dangerous drugs found on top of the aparador were planted. It must be remembered that the defenses of denial and frame-up
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Illegal drug trade, petitioner

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