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We note that Nzenza was apprehended merely on the basis of Williams' statement that
he had a companion, another black man who was also carrying prohibited drugs, even
though Williams did not give the name and distinguishing characteristics of this black
man[66] and despite the fact that there were about two other black men in the NAIA
departure area in the afternoon of December 19, 1992.[67] With regard to the
passenger manifest, the trial court justified its reliance thereon by stating that not only
was said document uncontroverted, it was also produced by the PAL employee
immediately after the same was requested by the follow-up team, and that the absence
of any time gap between the request for and the production of the passenger manifest
negates the possibility of any conspiracy on the part of the PAL employee and the
members of the follow-up team to frame Nzenza.[68]
However, the passenger manifest, standing alone, and without the testimony of the
employee who recorded the seat number, sequence number and number of checked-in
luggage, is hearsay. Although said evidence was correctly admitted by the RTC since
no objection was made by the accused,[69] the absence of such objection does not
confer on said passenger manifest any more probative value than it actually has.
Whether objected to or not, hearsay evidence has no probative value[70] because there
was no opportunity to check the veracity of the information contained therein.[71] Its
nature and quantity remain the same, so far as it is inherent weakness and
incompetency to satisfy the mind are concerned.[72]
Anent the discovery of the heroin in the bag with baggage identification number SR 91
2058 allegedly belonging to Nzenza, we find merit in the latter's argument that in the
natural course of events, when several pieces of luggage of other passengers for the
same flight are checked-in, the baggage identification tags of a passenger's bags would
be numbered successively, or at least, not very far from one another. Nzenza correctly
pointed out that the first four digits of the baggage identification tags attached to his
two checked-in luggages, SR 450229 and SR 4502246 are identical: "4502". On the
other hand, the baggage containing the heroin had a different serial number "SR 91
2058". This number had its first two numerical digits separated from the last four
digits by one space. In contrast, the other two baggage identification numbers had six
consecutive numbers and were not very far in sequence from each other. If it were
true that the bag containing the heroin was his, the same would have a baggage
identification number similar to the numbers of his two pieces of luggage which were
checked-in.[73]
It must also be considered that Nzenza had consistently denied ownership of the bag
tag numbered SR 91 2058 which was found to contain 11.15 kilograms of heroin. He
maintained that he only had three pieces of luggage: the bag which he hand-carried,
and the two pieces of luggage which were tag numbered SR 450229 and SR 450246:
ATTY. BORJA:
Q:
Now, showing to you this xerox copy of Swiss Air Ticket No. 2421
431 046-6, Mr.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52099
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