347 Phil. 223; 94 OG No. 49, 8389 (December 7, 1998)
FRANCISCO, J.:
“At around 2:00 o’clock in the afternoon of July 30, 1990, a passenger jeepney in which herein appellant was riding was flagged down at a checkpoint manned by elements of the Philippine Constabulary in Lamut, Ifugao Province. In accordance with orders from their headquarters, a search was made on the jeepney as well as its passenger. The search was conducted by C2C Melchor Rivera and C2C Samuel Bulahao, who was himself a passenger of the same jeepney (TSN, supra, pp. 3-4).The appeal is not impressed with merit; hence we affirm the conviction.
“At the time the search was being conducted, herein appellant and her companion Armina de Monteverde were seated side by side immediately behind the driver. The bags and personal belongings of the passengers were individually searched by the constables. As a result of said search, a small wrap of marijuana was found in the handbag of herein appellant, while a larger bundle consisting of four wraps was found in a jute sack located beside her, approximately one foot away from her feet (TSN, supra, pp. 4-7).
“As a result thereof, appellant and her companion were arrested and their bags containing the marijuana were confiscated. The seized items were all later turned over to the Provincial Command (TSN, supra, pp. 14-15). The accused were later taken to the PC Headquarters in Lagawe where they were investigated and subsequently detained (TSN, March 12, 1992, p. 12).
“Upon investigation by the forensic chemist assigned at the Crime Laboratory at Camp Dangwa, the items seized from appellant were confirmed to be marijuana (TSN, May 22, 1991, p. 4).
“The appellant, together with her companion Armina de Monteverde, were subsequently charged with violation of R.A. 6425, as amended. On arraignment, both entered pleas of not guilty. After trial on the merits, the trial court found herein appellant guilty as charged while Armina de Monterverde was acquitted [on the ground that the prosecution failed to convincingly prove the existence of conspiracy between the two accused].” [4]
"First, comparison on the real evidence or autoptic proference on record consisting of signatures of the affiant witness Melchor E. Rivera, appearing in the joint affidavit in support of the criminal complaint found on page 2 of the records, and the signature of said witness marked as Exhibit “3-C” appearing in Exhibit 3, Joint Affidavit of Desistance found on page 5 of the records visibly show to the naked eye that the said two signatures are entirely different, revealing the fact that the alleged signature of the alleged affiant Melchor Rivera appearing in the contested document Exhibit 3 and 3-A was written by a person other than the true and real Melchor E. Rivera, the witness for the prosecution in the instant case. In other words, the signature marked as Exhibit “3-C” appearing in Exhibit “3” is a forgery.More importantly, the veracity of the affidavit in question is now academic since C2C Rivera himself appeared as a witness for the prosecution; hence, reliance on his alleged affidavit of desistance which he disowned is wanting in merit.
“Second, it is quite surprising and lamentable to say the least, that an L.L.B. Graduate, like the defense witness Revelino Antonio, professing himself to be a Notary public since 1979 up to the present to have been allegedly satisfied as to his identity of the alleged affiants by the mere presentation of military ID’s of the alleged affiants, for normally a Notary public should satisfy himself as to the true identity of any person or party to a document that he notarized. His allegation that he did not require them to present their Residence Certificate because the alleged affiant told him that they do not have, has to be taken with a grain of salt considering that a person like the witness who is capable of prevaricating on a vital and delicate matter by testifying that the witness Melchor Rivera appeared before him as Notary Public, claiming to be personally present when the alleged affiant affixed his signature in Exhibit “3”, when in truth and in fact, the said signature is found out to be a forgery is not trustworthy, thereby rendering his entire testimony unworthy of credence. A witness who is capable of testifying falsely on a forged signature of a person is likewise capable of committing falsehood on less important details. Consequently, the principle of law “Falsus in unos-falsus in omnibus squarely jibes with the testimony of the defense witness, Revelino Antonio.
“Thirdly, it would be unnatural for the alleged affiants in Exhibit “3” to have voluntarily goant to the residence of Notary Public Evelino Antonio and requested for the preparation and final execution of the document, and later categorically denied to have executed any when confronted by the Court during the preliminary investigation, which only goes to show that it was fraudulently prepared, a fact reinforced by the act of policeman Daniel Dominong who according to witness Revelino Antonio was the one who paid later the Notarial Fee for no apparent reason at all, a circumstance showing that there was something fishy in the preparation of the document Exhibit “3”, which confirmed the version of the alleged affiants that they did not in truth and in fact appear before any notary public.”
“In summation, the Court is of the considered view, that the defense of denial interposed by the accused is flimsy and preposterous which finding and conclusion of the Court finds its source and strength from the very purpose advanced by accused Erlinda Carreon in going to Hapao, Hungduan and later to O-ong, Banaue, two places in the province of Ifugao noted and taken judicial notice of by this Court to be great source of marijuana leaves. The accused Erlina Carreon as stated earlier, a total stranger allegedly went to Hapao, Hungduan, Ifugao a far flunged place to see one Fidel, her alleged companion who applied in going abroad. Such an allegation is highly unbelievable for the accused does not even know and cannot tell the Court the family name of that Fidel. All the more, that belies her alleged purpose in going to those places is the fact that it runs counter to the ordinary course of things or event for normally, it would be this Fidel who would have taken interest in going to Metro Manila and verify for himself the status of his alleged application for abroad, if there was indeed any, not the accused going to Hapao, Hungduan, Ifugao to look for Fidel whose relationship to the accused was not even shown by evidence, as a matter of fact, he does not even know the family name of this Fidel, neither is there a showing that the accused is a legal recruiter of any recruitment agency to create an apparent semblace of truth of her alleged purpose in going to see the person Fidel.Denial constitutes self-serving negative evidence which can not be accorded greater evidentiary weight than the declarations of the prosecution witnesses testifying on affirmative matters.[12]
“Anent the purpose of the accused Erlinda Carreon in going to O-ong Banaue, Ifugao as elsewhere stated herein earlier, is highly incredible. A scrutiny of the testimony of the testimony of accused Erlinda Carreon would seem to suggest that these Liza Antonio and Rosa Kindipan are intimately related to her. Assuming the relationship to be such, it is strange that said persons would address and course their letter to the accused at O-ong, Banaue, Ifugao, a far away place from her alleged residence at Miguilin, Sampaloc, Manila. At most, the logical and reasonable course of action to have been taken by the said accused is for her to have given her city address to them, which for purposes of convenience and expediency, could be at the ideal place where to address and course their alleged intended and espected letter from the two informing the accused Carreon of a possible job placement or employment abroad. All the moren (sic) nugatory to accused Carreon’s alleged purpose in going to Hapao and O-ong is the fact that to a reasonable mind, the prudent course of action for her to have done is to write this Rita Antonio and Rosa Kindapan and /or go to the placement agency concerned, or to the Office of the POEA, to verify the status of her alleged application for abroad, if any, instead of going to two places.
“The foregoing facts and circumstances indubitably show that the version of the accused Erlinda Carreoin (sic) is self-serving being the product of a concoction so flimsy to deserve the slightest consideration of this Court, and cannot be given greater evidentiary weight that the positive testimony of the witness C2C Melchor Rivera.”[11]