This case has been cited 3 times or more.
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2016-02-10 |
PEREZ, J. |
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| In every prosecution for illegal sale of shabu, the following elements must be sufficiently proved: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and the payment therefor.[17] | |||||
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2013-11-27 |
LEONARDO-DE CASTRO, J. |
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| Appellant may argue that her denial is not entirely unsubstantiated because the same is corroborated by the testimony[22] of her daughter, Marinell Castillo. However, contrasted with the credible and positive testimony of PO2 Santos and PO1 Chavez, the corroborating testimony made by appellant's daughter is given lesser probative value than that of the prosecution's witnesses since this Court has consistently held that the defense of denial or frame-up, like alibi, has been invariably viewed by the courts with disfavor for it can easily be concocted and is a common and standard defense ploy in most prosecutions for violation of the Dangerous Drugs Act.[23] | |||||
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2013-03-06 |
SERENO, C.J. |
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| The only elements necessary to consummate the crime of illegal sale of drugs is proof that the illicit transaction took place, coupled with the presentation in court of the corpus delicti or the illicit drug as evidence.[20] In buy-bust operations, the delivery of the contraband to the poseur-buyer and the seller's receipt of the marked money successfully consummate the buy-bust transaction between the entrapping officers and the accused. Unless there is clear and convincing evidence that the members of the buy-bust team were inspired by any improper motive or were not properly performing their duty, their testimonies on the operation deserve faith and credit. [21] The Court has held that when police officers have no motive to testify falsely against the accused, courts are inclined to uphold the presumption of regularity accorded to them in the performance of their official duties.[22] In the present case, there is no contention that the members of AIDSOTF who conducted the buy-bust operation were motivated by ill will or malice. Neither was there evidence adduced to show that they neglected to perform their duties properly. Hence, their testimonies as to the conduct of the buy-bust operation deserves full faith and credence. | |||||