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People vs. Pitulan

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GLECERIO PITULAN Y BRIONES, ACCUSED-APPELLANT.

G.R. No. 226486 | 2020-01-22

THIRD DIVISION
 
DECISION
 
LEONEN, J.:
 
In homicide, the prosecution's failure to present the weapon is not fatal to its case. An eyewitness' credible testimony on the fact of the crime and the assailant's identity is sufficient to prove the corpus delicti. Moreover, the prosecution's failure to conduct paraffin and ballistic testing has no effect on the evidentiary value of an eyewitness' positive identification of the accused as the assailant. The accused's bare denial, on its own, cannot outweigh the eyewitness' positive identification.

This Court resolves the Notice of Appeal[1] assailing...