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In their Brief, the accused-appellants argue that due significance should be Nevertheless, the records show that a subpoena was issued to Mrs. Domingo
given to the suppression by the prosecution of the testimony of the but the same could not be served on her because she was "out of town.” No
National Bureau of Investigation officer who fingerprinted and paraffin- adverse inference will be drawn against a party by reason of the absence of
tested the accused. a witness who has been subpoenaed and against whom an attachment has
o They contended that the failure of the prosecution to present the NBI been issued to compel his attendance.
officers who fingerprinted and paraffin-tested the accused-appellants
gives rise to the application of the rule that evidence willfully W/N the testimony of Ricardo Birog should be given credence – YES
suppressed shall be disputably presumed to be adverse if produced,
under Rule 131, Sec. 5(e) of the Rules of Court. Accused-appellants argue that Birog was a last minute witness whose name
was not included in the Information.
ISSUE/S AND RATIO:
The Court held that although the defendant in a criminal case is entitled as a
W/N the rule on suppression of evidence should be applied in this case – NO matter of right to be furnished by the prosecution with a list of witnesses to be
presented against him during the trial, the last sentence of Section 1, Rule
The rule on suppression of evidence finds no applicability in cases where 116 of the Rules of Court allows the prosecution to call at the trial witnesses
the evidence allegedly suppressed is merely corroborative or cumulative. other than those named in the complaint or information. The prosecution is
o "No inference arises against a party failing to call a witness where not precluded from calling as a witness a person who was not listed as a
the only object of calling such witness would be to produce witness in the information.
corroborative or cumulative evidence.”
Judgment AFFIRMED.
In the instant case, the testimony of the NBI officers would indeed merely
be corroborative in view of the overwhelming evidence on the positive
identification of both accused.