Second Division: Junie Mallillin Y Lopez, Petitioner, vs. People of The PHILIPPINES, Respondent
Second Division: Junie Mallillin Y Lopez, Petitioner, vs. People of The PHILIPPINES, Respondent
Second Division: Junie Mallillin Y Lopez, Petitioner, vs. People of The PHILIPPINES, Respondent
[G.R. No. 172953. April 30, 2008.]
JUNIE MALLILLIN Y LOPEZ, petitioner, vs. PEOPLE OF THE
PHILIPPINES, respondent.
D E C I S I O N
TINGA, J :p
The presumption of regularity in the performance of official functions
cannot by its lonesome overcome the constitutional presumption of
innocence. Evidence of guilt beyond reasonable doubt and nothing else
can eclipse the hypothesis of guiltlessness. And this burden is met not by
bestowing distrust on the innocence of the accused but by obliterating all
doubts as to his culpability.
In this Petition for Review 1 under Rule 45 of the Rules of Court,
Junie Malillin y Lopez (petitioner) assails the Decision 2 of the Court of
Appeals dated 27 January 2006 as well as its Resolution 3 dated 30 May
2006 denying his motion for reconsideration. The challenged decision has
affirmed the Decision 4 of the Regional Trial Court (RTC) of Sorsogon City,
Branch 52 5 which found petitioner guilty beyond reasonable doubt of illegal
possession of methamphetamine hydrochloride, locally known as shabu, a
prohibited drug.
The antecedent facts follow.
On the strength of a warrant 6 of search and seizure issued by the
RTC of Sorsogon City, Branch 52, a team of five police officers raided the
residence of petitioner in Barangay Tugos, Sorsogon City on 4 February
2003. The team was headed by P/Insp. Catalino Bolanos (Bolanos), with
PO3 Roberto Esternon (Esternon), SPO1 Pedro Docot, SPO1 Danilo
Lasala and SPO2 Romeo Gallinera (Gallinera) as members. The search —
conducted in the presence of barangay kagawad Delfin Licup as well as
petitioner himself, his wife Sheila and his mother, Norma — allegedly
yielded two (2) plastic sachets of shabu and five (5) empty plastic sachets
containing residual morsels of the said substance.
Accordingly, petitioner was charged with violation of Section 11, 7
Article II of Republic Act No. 9165, otherwise known as The
Comprehensive Dangerous Drugs Act of 2002, in a criminal information
whose inculpatory portion reads:
That on or about the 4th day of February 2003, at about 8:45
in the morning in Barangay Tugos, Sorsogon City, Philippines, the
said accused did then and there willfully, unlawfully and feloniously
have in his possession, custody and control two (2) plastic sachets
of methamphetamine hydrochloride [or] "shabu" with an aggregate
weight of 0.0743 gram, and four empty sachets containing "shabu"
residue, without having been previously authorized by law to
possess the same.
CONTRARY TO LAW. 8
discovery of the plastic sachets. He recounted that after the five empty
sachets were found, he went out of the bedroom and into the living room
and after about three minutes, Esternon, who was left inside the bedroom,
exclaimed that he had just found two filled sachets. 22
On 20 June 2004 the trial court rendered its Decision declaring
petitioner guilty beyond reasonable doubt of the offense charged. Petitioner
was condemned to prison for twelve years (12) and one (1) day to twenty
(20) years and to pay a fine of P300,000.00. 23 The trial court reasoned that
the fact that shabu was found in the house of petitioner was prima facie
evidence of petitioner's animus possidendi sufficient to convict him of the
charge inasmuch as things which a person possesses or over which he
exercises acts of ownership are presumptively owned by him. It also noted
petitioner's failure to ascribe ill motives to the police officers to fabricate
charges against him. 24
Aggrieved, petitioner filed a Notice of Appeal. 25 In his Appeal Brief 26
filed with the Court of Appeals, petitioner called the attention of the court to
certain irregularities in the manner by which the search of his house was
conducted. For its part, the Office of the Solicitor General (OSG) advanced
that on the contrary, the prosecution evidence sufficed for petitioner's
conviction and that the defense never advanced any proof to show that the
members of the raiding team was improperly motivated to hurl false
charges against him and hence the presumption that they had regularly
performed their duties should prevail. 27
On 27 January 2006, the Court of Appeals rendered the assailed
decision affirming the judgment of the trial court but modifying the prison
sentence to an indeterminate term of twelve (12) years as minimum to
seventeen (17) years as maximum. 28 Petitioner moved for reconsideration
but the same was denied by the appellate court. 29 Hence, the instant
petition which raises substantially the same issues.
In its Comment, 30 the OSG bids to establish that the raiding team
had regularly performed its duties in the conduct of the search. 31 It points
to petitioner's incredulous claim that he was framed up by Esternon on the
ground that the discovery of the two filled sachets was made in his and
Licup's presence. It likewise notes that petitioner's bare denial cannot
defeat the positive assertions of the prosecution and that the same does
not suffice to overcome the prima facie existence of animus possidendi.
This argument, however, hardly holds up to what is revealed by the
records.
Prefatorily, although the trial court's findings of fact are entitled to
great weight and will not be disturbed on appeal, this rule does not apply
where facts of weight and substance have been overlooked,
misapprehended or misapplied in a case under appeal. 32 In the case at
bar, several circumstances obtain which, if properly appreciated, would
warrant a conclusion different from that arrived at by the trial court and the
Court of Appeals.
Prosecutions for illegal possession of prohibited drugs necessitates
that the elemental act of possession of a prohibited substance be
established with moral certainty, together with the fact that the same is not
authorized by law. The dangerous drug itself constitutes the very corpus
delicti of the offense and the fact of its existence is vital to a judgment of
conviction. 33 Essential therefore in these cases is that the identity of the
prohibited drug be established beyond doubt. 34 Be that as it may, the mere
fact of unauthorized possession will not suffice to create in a reasonable
mind the moral certainty required to sustain a finding of guilt. More than just
the fact of possession, the fact that the substance illegally possessed in the
first place is the same substance offered in court as exhibit must also be
established with the same unwavering exactitude as that requisite to make
a finding of guilt. The chain of custody requirement performs this function in
that it ensures that unnecessary doubts concerning the identity of the
evidence are removed. 35
As a method of authenticating evidence, the chain of custody rule
requires that the admission of an exhibit be preceded by evidence sufficient
to support a finding that the matter in question is what the proponent claims
it to be. 36 It would include testimony about every link in the chain, from the
moment the item was picked up to the time it is offered into evidence, in
such a way that every person who touched the exhibit would describe how
and from whom it was received, where it was and what happened to it
while in the witness' possession, the condition in which it was received and
the condition in which it was delivered to the next link in the chain. These
witnesses would then describe the precautions taken to ensure that there
had been no change in the condition of the item and no opportunity for
someone not in the chain to have possession of the same. 37
While testimony about a perfect chain is not always the standard
because it is almost always impossible to obtain, an unbroken chain of
custody becomes indispensable and essential when the item of real
evidence is not distinctive and is not readily identifiable, or when its
condition at the time of testing or trial is critical, or when a witness has
failed to observe its uniqueness. 38 The same standard likewise obtains in
case the evidence is susceptible to alteration, tampering, contamination 39
and even substitution and exchange. 40 In other words, the exhibit's level of
susceptibility to fungibility, alteration or tampering — without regard to
whether the same is advertent or otherwise not — dictates the level of
strictness in the application of the chain of custody rule.
Indeed, the likelihood of tampering, loss or mistake with respect to
an exhibit is greatest when the exhibit is small and is one that has physical
characteristics fungible in nature and similar in form to substances familiar
to people in their daily lives. 41 Graham vs. State 42 positively
acknowledged this danger. In that case where a substance later analyzed
as heroin — was handled by two police officers prior to examination who
however did not testify in court on the condition and whereabouts of the
exhibit at the time it was in their possession — was excluded from the
prosecution evidence, the court pointing out that the white powder seized
could have been indeed heroin or it could have been sugar or baking
powder. It ruled that unless the state can show by records or testimony, the
continuous whereabouts of the exhibit at least between the time it came
into the possession of police officers until it was tested in the laboratory to
determine its composition, testimony of the state as to the laboratory's
findings is inadmissible. 43
A unique characteristic of narcotic substances is that they are not
readily identifiable as in fact they are subject to scientific analysis to
determine their composition and nature. The Court cannot reluctantly close
its eyes to the likelihood, or at least the possibility, that at any of the links in
the chain of custody over the same there could have been tampering,
alteration or substitution of substances from other cases — by accident or
otherwise — in which similar evidence was seized or in which similar
evidence was submitted for laboratory testing. Hence, in authenticating the
same, a standard more stringent than that applied to cases involving
objects which are readily identifiable must be applied, a more exacting
standard that entails a chain of custody of the item with sufficient
completeness if only to render it improbable that the original item has either
been exchanged with another or been contaminated or tampered with.
A mere fleeting glance at the records readily raises significant doubts
as to the identity of the sachets of shabu allegedly seized from petitioner.
Of the people who came into direct contact with the seized objects, only
Esternon and Arroyo testified for the specific purpose of establishing the
identity of the evidence. Gallinera, to whom Esternon supposedly handed
over the confiscated sachets for recording and marking, as well as Garcia,
the person to whom Esternon directly handed over the seized items for
chemical analysis at the crime laboratory, were not presented in court to
establish the circumstances under which they handled the subject items.
Any reasonable mind might then ask the question: Are the sachets of
shabu allegedly seized from petitioner the very same objects laboratory
tested and offered in court as evidence?
The prosecution's evidence is incomplete to provide an affirmative
answer. Considering that it was Gallinera who recorded and marked the
seized items, his testimony in court is crucial to affirm whether the exhibits
were the same items handed over to him by Esternon at the place of
seizure and acknowledge the initials marked thereon as his own. The same
is true of Garcia who could have, but nevertheless failed, to testify on the
circumstances under which she received the items from Esternon, what
she did with them during the time they were in her possession until before
she delivered the same to Arroyo for analysis.
The prosecution was thus unsuccessful in discharging its burden of
establishing the identity of the seized items because it failed to offer not
only the testimony of Gallinera and Garcia but also any sufficient
explanation for such failure. In effect, there is no reasonable guaranty as to
the integrity of the exhibits inasmuch as it failed to rule out the possibility of
substitution of the exhibits, which cannot but inure to its own detriment.
This holds true not only with respect to the two filled sachets but also to the
five sachets allegedly containing morsels of shabu.
Also, contrary to what has been consistently claimed by the
prosecution that the search and seizure was conducted in a regular
manner and must be presumed to be so, the records disclose a series of
irregularities committed by the police officers from the commencement of
the search of petitioner's house until the submission of the seized items to
the laboratory for analysis. The Court takes note of the unrebutted
testimony of petitioner, corroborated by that of his wife, that prior to the
discovery of the two filled sachets petitioner was sent out of his house to
buy cigarettes at a nearby store. Equally telling is the testimony of Bolanos
that he posted some of the members of the raiding team at the door of
petitioner's house in order to forestall the likelihood of petitioner fleeing the
scene. By no stretch of logic can it be conclusively explained why petitioner
was sent out of his house on an errand when in the first place the police
officers were in fact apprehensive that he would flee to evade arrest. This
fact assumes prime importance because the two filled sachets were
allegedly discovered by Esternon immediately after petitioner returned to
his house from the errand, such that he was not able to witness the
conduct of the search during the brief but crucial interlude that he was
away.
It is also strange that, as claimed by Esternon, it was petitioner
himself who handed to him the items to be searched including the pillow
from which the two filled sachets allegedly fell. Indeed, it is contrary to
ordinary human behavior that petitioner would hand over the said pillow to
Esternon knowing fully well that illegal drugs are concealed therein. In the
same breath, the manner by which the search of Sheila's body was brought
up by a member of the raiding team also raises serious doubts as to the
necessity thereof. The declaration of one of the police officers that he saw
Sheila tuck something in her underwear certainly diverted the attention of
the members of petitioner's household away from the search being
conducted by Esternon prior to the discovery of the two filled sachets. Lest
it be omitted, the Court likewise takes note of Esternon's suspicious
presence in the bedroom while Sheila was being searched by a lady officer.
The confluence of these circumstances by any objective standard of
behavior contradicts the prosecution's claim of regularity in the exercise of
duty.
Moreover, Section 21 44 of the Implementing Rules and Regulations
of R.A. No. 9165 clearly outlines the postseizure procedure in taking
custody of seized drugs. In a language too plain to require a different
construction, it mandates that the officer acquiring initial custody of drugs
under a search warrant must conduct the photographing and the physical
inventory of the item at the place where the warrant has been served.
Esternon deviated from this procedure. It was elicited from him that at the
close of the search of petitioner's house, he brought the seized items
immediately to the police station for the alleged purpose of making a "true
inventory" thereof, but there appears to be no reason why a true inventory
could not be made in petitioner's house when in fact the apprehending
team was able to record and mark the seized items and there and then
prepare a seizure receipt therefor. Lest it be forgotten, the raiding team has
had enough opportunity to cause the issuance of the warrant which means
that it has had as much time to prepare for its implementation. While the
final proviso in Section 21 of the rules would appear to excuse non
compliance therewith, the same cannot benefit the prosecution as it failed
to offer any acceptable justification for Esternon's course of action.
Likewise, Esternon's failure to deliver the seized items to the court
demonstrates a departure from the directive in the search warrant that the
items seized be immediately delivered to the trial court with a true and
verified inventory of the same, 45 as required by Rule 126, Section 12 46 of
the Rules of Court. People v. Go 47 characterized this requirement as
mandatory in order to preclude the substitution of or tampering with said
items by interested parties. 48 Thus, as a reasonable safeguard, People vs.
Del Castillo 49 declared that the approval by the court which issued the
search warrant is necessary before police officers can retain the property
seized and without it, they would have no authority to retain possession
thereof and more so to deliver the same to another agency. 50 Mere
tolerance by the trial court of a contrary practice does not make the
practice right because it is violative of the mandatory requirements of the
law and it thereby defeats the very purpose for the enactment. 51
Given the foregoing deviations of police officer Esternon from the
standard and normal procedure in the implementation of the warrant and in
taking postseizure custody of the evidence, the blind reliance by the trial
court and the Court of Appeals on the presumption of regularity in the
conduct of police duty is manifestly misplaced. The presumption of
regularity is merely just that — a mere presumption disputable by contrary
proof and which when challenged by the evidence cannot be regarded as
binding truth. 52 Suffice it to say that this presumption cannot preponderate
over the presumption of innocence that prevails if not overthrown by proof
beyond reasonable doubt. 53 In the present case the lack of conclusive
identification of the illegal drugs allegedly seized from petitioner, coupled
with the irregularity in the manner by which the same were placed under
police custody before offered in court, strongly militates a finding of guilt.
In our constitutional system, basic and elementary is the
presupposition that the burden of proving the guilt of an accused lies on the
prosecution which must rely on the strength of its own evidence and not on
the weakness of the defense. The rule is invariable whatever may be the
reputation of the accused, for the law presumes his innocence unless and
until the contrary is shown. 54 In dubio pro reo. When moral certainty as to
culpability hangs in the balance, acquittal on reasonable doubt inevitably
becomes a matter of right.
WHEREFORE, the assailed Decision of the Court of Appeals dated
27 January 2006 affirming with modification the judgment of conviction of
the Regional Trial Court of Sorsogon City, Branch 52, and its Resolution
dated 30 May 2006 denying reconsideration thereof, are REVERSED and
SET ASIDE. Petitioner Junie Malillin y Lopez is ACQUITTED on
reasonable doubt and is accordingly ordered immediately released from
custody unless he is being lawfully held for another offense.
The Director of the Bureau of Corrections is directed to implement
this Decision and to report to this Court the action taken hereon within five
(5) days from receipt.
SO ORDERED.
Quisumbing, CarpioMorales, Velasco, Jr. and Brion, JJ., concur.
Footnotes
1. Rollo, pp. 822.
2. In CAG.R. No. 28915. Penned by Associate Justice Renato C. Dacudao
and concurred in by Associate Justices Lucas P. Bersamin and Celia C.
LibreaLeagogo. CA rollo, pp. 8190.
3. Id. at 109.
4. In Criminal Case No. 20035844. Records, pp. 114119.
5. Presided by Judge Honesto A. Villamor.
6. Records, pp. 1112.
7. Sec. 11. Possession of Dangerous Drugs. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless of the degree of purity
thereof;
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloriede;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDMA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic
acid diethylamide (LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic
requirements, as determined and promulgated by the Board in accordance
to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the
quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or
more but less than fifty (50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment
and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs
are five (5) grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements; or three hundred (300) grams or more but
less than five hundred (500) grams or marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from Three hundred thousand pesos (P300,000.00) to
Four hundred thousand pesos (P400,000.00), if the quantities of dangerous
drugs are less than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such
as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or less than three hundred (300) grams of
marijuana.
8. Records, p. 2.
9. Id. at 41, 43.
10. TSN, 22 April 2003, pp. 69.
11. Id. at 1516.
12. TSN, 23 July 2003, pp. 67, 10.
13. Id. at 1617.
14. TSN, dated 23 July 2003, pp. 1315.
15. TSN, dated 23 July 2003, p 9.
16. TSN, dated 28 May 2003, p. 14. The results of the chemical analysis
are embodied in Chemistry Report No. D03703. See records, p. 18.
17. Id. at 3.
18. TSN, 2 December 2003, pp. 610.
19. Id. at 13.
20. Id. at 1112.
21. TSN, 11 November 2003, p. 3; TSN, 23 March 2004, p. 4.
22. TSN, 4 February 2004, pp. 45, 9.
23. Records, p. 119. The dispositive portion of the decision reads:
WHEREFORE, premises considered, the Court finds accused Junie Malillin
y Lopez guilty beyond reasonable doubt of the crime of Violation of Sec. 11,
Article II of R.A. No. 9165 otherwise known as the Comprehensive
Dangerous Drugs Act of 2002 and he is hereby sentence[d] to suffer the
penalty of Twelve (12) years and one (1) day to Twenty (20) years and fine
of P300,000.00.
The shabu recovered is hereby ordered forfeited in favor of the government
and the same shall be turned over to the Board for proper disposal without
delay.
SO ORDERED.
24. Id. at 117118.
25. Id. at 121.
26. CA rollo, pp. 3547.
27. Id. at 6573.
28. Id. at 89. The Court of Appeals disposed of the appeal as follows:
UPON THE VIEW WE TAKE OF THIS CASE, THUS, the appeal is
DISMISSED for lack of merit, and the judgment appealed from is hereby
AFFIRMED with MODIFICATION in the sense that the accusedappellant is
hereby sentenced to suffer an indeterminate prison term ranging from twelve
(12) years, as minimum, to seventeen (17) years as maximum. In all other
respects, the judgment appealed from is hereby MAINTAINED. Costs
against accusedappellant.
SO ORDERED.
29. Id. at 109.
30. Rollo, pp. 102112.
31. Id. at 107.
32. People v. Pedronan, G.R. No. 148668, 17 June 2003, 404 SCRA 183,
188; People v. Casimiro, G.R. No. 146277, 20 June 2002, 383 SCRA 390,
398; People v. Laxa, G.R. No. 138501, 20 July 2001, 361 SCRA 622, 627.
33. People v. Simbahon, G.R. No. 132371, 9 April 2003, 401 SCRA 94,
100; People v. Laxa, G.R. No. 138501, 20 July 2001, 361 SCRA 622, 634;
People v. Dismuke; People v. Mapa.
34. People v. Simbahon, G.R. No. 132371, 9 April 2003, 401 SCRA 94,
100; People v. Kimura, G.R. No. 130805, 27 April 2004, 428 SCRA 51, 70.
35. An Analytical Approach to Evidence, Ronad J. Allen, Richard B. Kuhns,
by Little Brown & Co., USA, 1989, p. 174.
36. United States v. HowardArias, 679 F.2d 363, 366; United States v.
Ricco,52 F.3d 58.
37. EVIDENCE LAW, ROGER C. PARK, DAVID P. LEONARD, STEVEN H.
GOLDBERG, 1998, 610 OPPERMAN DRIVE, ST. PAUL MINNESOTA, p.
507
38. EVIDENCE LAW, ROGER C. PARK, DAVID P. LEONARD, STEVEN H.
GOLDBERG, 1998, 610 OPPERMAN DRIVE, ST. PAUL MINNESOTA, p.
507; 29A AM. JUR. 2D EVIDENCE subsection 946.
39. 29A AM. JUR. 2d Evidence subsection 946.
40. See Graham v. State, 255 N.E.2d 652, 655.
41. Graham v. State, 255 N.E2d 652, 655.
42. Graham v. State, 255 N.E2d 652.
43. Graham v. State, 255 N.E2d 652, 655.
44. Section 21. Custody and Disposition of Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment. — . . .
(a) The apprehending officer/team having initial custody and control of the
drugs shall, immediately after seizure and confiscation, physically inventory
and photograph the same in the presence of the accused or the person/s
from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be
required to sign the copies of the inventory and be given a copy thereof:
Provided that the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the of the
apprehending officer/team, whichever is practicable, in case of
warrantless seizures; Provided, further, that noncompliance with these
requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures of
and custody over the said items; . . . (emphasis ours).
45. Records, p. 12.
46. SEC. 12. Delivery of property and inventory thereof to court. — The
officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
47. G.R. No. 144639, 12 September 2003, 411 SCRA 81.
48. Id. at 101.
49. G.R. No. 153254, 20 September 2004, 439 SCRA 601, citing People v.
Gesmundo, 219 SCRA 743 (1993).
50. Id. at 619.
51. People v. Gesmundo, G.R. No. 89373, 9 March 1993, 219 SCRA 743,
753.
52. People v. Ambrosio, G.R. No. 135378, 14 April 2004, 427 SCRA 312,
318 citing People v. Tan, 382 SCRA 419 (2002).
53. People v. Ambrosio, G.R. No. 135378, 14 April 2004, 427 SCRA 312,
318 citing People v. Tan, 382 SCRA 419 (2002).
54. People v. Laxa, id. at 627; People v. Diopita, 4 December 2000; People
v. Malbog, 12 October 2000; People v. Ferras, 289 SCRA 94.