It bears stressing that the policemen saw to it that the search of
petitioner's house was conducted with the assistance and in the presence
of Barangay Captain Mangaliag and Kagawad Garcia. They
testified that the regulated drugs confiscated by the policemen were
found in the searched premises. Petitioner failed to present clear and convincing evidence that the policemen and the barangay officials had any improper motive to frame her and falsely ascribe to her the crime of violating R.A. No. 6425, as amended.
x x x
However, the finding of probable cause of the Judge may be set aside and the search warrant issued by him based on his finding may be quashed; the evidence seized by the police officers based on said search warrant may be suppressed if the accused presents clear and convincing evidence that the police officers and/or a government informant made a deliberate falsehood or reckless disregard for the truth in said affidavit/deposition or testimony which is essential or necessary to a showing of probable cause. Such evidence must focus on the state of mind of the affiants/deponents that he was conscious of the falsity of his assertion or representation.[83] The requirement that a search warrant not issue but upon probable cause would be reduced to a nullity if a police officer and his informant are able to use deliberately falsehood allegations to demonstrate probable cause and, having misled the Judge, was able to remain confident that the ploy succeeded.[84] However, innocent and negligent omissions or misrepresentation of a police officer or government informant will not invalidate a search warrant. And even if the police officer or government informant may have deliberately made a falsehood or reckless disregard for the truth in his or her affidavit/deposition but the remaining portions thereof are sufficient to establish probable cause, the search warrant will not be quashed for lack of probable cause.[85]
x x x
The well-entrenched rule is that the findings of the trial court affirmed by the appellate court are accorded high respect, if not conclusive effect, by this Court, absent clear and convincing evidence that the tribunals ignored, misconstrued or misapplied facts and circumstances of substances such that, if considered, the same will warrant the modification or reversal of the outcome of the case. In this case, petitioner failed to establish any such circumstance.
x x x
However, the finding of probable cause of the Judge may be set aside and the search warrant issued by him based on his finding may be quashed; the evidence seized by the police officers based on said search warrant may be suppressed if the accused presents clear and convincing evidence that the police officers and/or a government informant made a deliberate falsehood or reckless disregard for the truth in said affidavit/deposition or testimony which is essential or necessary to a showing of probable cause. Such evidence must focus on the state of mind of the affiants/deponents that he was conscious of the falsity of his assertion or representation.[83] The requirement that a search warrant not issue but upon probable cause would be reduced to a nullity if a police officer and his informant are able to use deliberately falsehood allegations to demonstrate probable cause and, having misled the Judge, was able to remain confident that the ploy succeeded.[84] However, innocent and negligent omissions or misrepresentation of a police officer or government informant will not invalidate a search warrant. And even if the police officer or government informant may have deliberately made a falsehood or reckless disregard for the truth in his or her affidavit/deposition but the remaining portions thereof are sufficient to establish probable cause, the search warrant will not be quashed for lack of probable cause.[85]
x x x
The well-entrenched rule is that the findings of the trial court affirmed by the appellate court are accorded high respect, if not conclusive effect, by this Court, absent clear and convincing evidence that the tribunals ignored, misconstrued or misapplied facts and circumstances of substances such that, if considered, the same will warrant the modification or reversal of the outcome of the case. In this case, petitioner failed to establish any such circumstance.
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