Monday, February 10, 2014

Allegations of frame-up are susceptible to fabrication and are thus assessed with caution by courts.

See - People v. Mali, GR No. 206738, Dec. 11, 2013.


"x x x.

Moreover, allegations of frame-up are susceptible to fabrication and are thus assessed with caution by courts. To substantiate such defense, the evidence must be clear and convincing and must show that the members of the buy-bust team were inspired by any improper motive or were not properly performing their duty otherwise the police officers’ testimonies on the operation deserve full faith and credit.50 Here, the accused-appellant did not even ascribe any ill motive to PO1 Montuno that could have induced her to falsely testify against the former. Neither do the records indicate any distorted sense of duty on the part of the buy-bust team. Thus, with corroborative documentary evidence to back up the testimonies of prosecution witnesses, the presumption that PO1 Montuno and the rest of the
buy-bust team regularly performed their duties must be upheld."

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