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    965 People Vs Bricero

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    erica peji
    The presumption of innocence cannot be overcome by presumption of regularity if the buy-bust operation did not comply with legal requirements. The prosecution has the burden to prove guilt beyond reasonable doubt by establishing every element of the crime. Relying on presumption of regularity is unsound if there were lapses in buy-bust procedures, as these lapses show irregularity. The presumption of regularity cannot overcome the stronger presumption of innocence that is a constitutionally protected right.

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    965 People Vs Bricero

    Uploaded by

    erica peji
    39 views1 page
    The presumption of innocence cannot be overcome by presumption of regularity if the buy-bust operation did not comply with legal requirements. The prosecution has the burden to prove guilt beyond reasonable doubt by establishing every element of the crime. Relying on presumption of regularity is unsound if there were lapses in buy-bust procedures, as these lapses show irregularity. The presumption of regularity cannot overcome the stronger presumption of innocence that is a constitutionally protected right.

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    965 People vs Bricero

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    965 People vs Bricero

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    The presumption of innocence cannot be overcome by presumption of regularity if the buy-bust operation did not comply with legal requirements. The prosecution has the burden to prove guilt beyond reasonable doubt by establishing every element of the crime. Relying on presumption of regularity is unsound if there were lapses in buy-bust procedures, as these lapses show irregularity. The presumption of regularity cannot overcome the stronger presumption of innocence that is a constitutionally protected right.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    39 views1 page

    965 People Vs Bricero

    Uploaded by

    erica peji
    The presumption of innocence cannot be overcome by presumption of regularity if the buy-bust operation did not comply with legal requirements. The prosecution has the burden to prove guilt beyond reasonable doubt by establishing every element of the crime. Relying on presumption of regularity is unsound if there were lapses in buy-bust procedures, as these lapses show irregularity. The presumption of regularity cannot overcome the stronger presumption of innocence that is a constitutionally protected right.

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    © All Rights Reserved
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    POLITICAL LAW; PRESUMPTION OF INNOCENCE

    Question: Can presumption of regularity in the performance overcome the presumption


    of innocence in case the accused is arrested in a buy-bust operation which does not
    comply with the requirements of Section 21 of RA 9165?

    Answer: No. The right of the accused to be presumed innocent until proven guilty is a
    constitutionally protected right.The burden lies with the prosecution to prove his guilt
    beyond reasonable doubt by establishing each and every element of the crime charged
    in the information as to warrant a finding of guilt for that crime or for any other crime
    necessarily included therein.

    Here, the reliance by the CA on the presumption of regularity in the performance of


    official duty despite the lapses in the procedures undertaken by the buy-bust team is
    fundamentally unsound because the lapses themselves are affirmative proofs of
    irregularity. The presumption of regularity in the performance of duty cannot overcome
    the stronger presumption of innocence in favor of the accused. Otherwise, a mere rule
    of evidence will defeat the constitutionally enshrined right to be presumed innocent.
    (People vs Bricero, G.R. No. 218428, November 7, 2018, Caguioa, J.)

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