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PEOPLE. Vs. Macario P. Diamsay

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MACARIO DIAMSAY Y PAGBA, accused-appellant.

G.R. No. 67289 | 1989-10-05

D E C I S I O N


SARMIENTO, J.:

We ACQUIT the appellant, the accused in the Regional Trial Court of Manila's 1 Criminal Case No. 83-15268, a prosecution for violation of the Dangerous Drugs Act.

The records indicate a variance of facts between the prosecution and defense. We quote:

On February 16, 1983, when duly arraigned with the assistance of his de oficio counsel, the accused entered the plea of not guilty. Then the trial proceeded accordingly. To prove the guilt of the accused, the prosecution presented the following witnesses:

1) PC/Sgt. Bonifacio Lustado of the PC/INP Narcotics Command, Camp Crame;

2) Pfc. Reynaldo Santos,...