4/16/2021
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On April 26, 1996, the trial court rendered its judgment convicting both Williams and
Nzenza. The dispositive portion thereof states:
WHEREFORE, and based on the foregoing considerations, the court finds
accused Austin Williams and Manzanza Nzenza both GUILTY of the crime
charged in the Information respectively filed against them and barely
sentences them:
for AUSTIN WILLIAMS in Criminal Case No. 92-2108, to suffer the PENALTY
of IMPRISONMENT OF RECLUSION PERPETUA and to pay the amount of
P30,000.00 as fine;
for MANZANZA NZENZA in Criminal Case No. 92-2107 to suffer the PENALTY
OF IMPRISONMENT OF RECLUSION PERPETUA and to pay the amount of
P30,000.00 as fine;
The penalty of Reclusion Perpetua is being imposed pursuant to Republic Act
7659 while the fine of P30,000.00 for each accused is imposed pursuant to
Republic Act 6425.
The subjects of indictment consisting of 22.547 kilograms of heroin with
respect to Austin Williams and 11.15 kilograms of heroin with respect to
Manzanza Nzenza are hereby ordered disposed of in accordance with law.
SO ORDERED.[58]
Nzenza appeals his conviction to this Court, raising the following errors:
THE LOWER COURT ERRED:
I.
IN NOT CONSIDERING THE TESTIMONY OF THE ACCUSED-APPELLANT THAT
HIS PIECES OF LUGGAGE ARE ONLY THOSE HANDWRITTEN IN HIS
SWISSAIR PLANE TICKET WITH TAG NOS. SR 450229 AND SR 450246;
II
IN ADMITTING AN ALLEGED COMPUTER PRINT-OUT OF PASSENGER
MANIFEST (EXHIBIT "1") WITHOUT HAVING TESTIFIED TO BY THE ALLEGED
PHILIPPINE AIRLINE (PAL) EMPLOYEE WHO ENCODED AND PRINTED THE
SAME.[59]
The issue thus presented for this Court's resolution is whether the evidence presented
before the trial court was sufficient to warrant accused-appellant's conviction.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52099
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