This case has been cited 2 times or more.
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2014-06-25 |
REYES, J. |
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| Citing People v. Cueno[19] and People v. Rigodon,[20] the RTC emphasized that only two basic elements must be present for the charge of illegal sale of drugs to prosper, namely: (a) the determination of the identities of the buyer and the seller, the object and the consideration; and (b) the delivery of the thing sold and the payment therefor. In the case at bar, PO3 Galvez gave a detailed account of how the sale involving the accused-appellant was consummated and his testimony was corroborated by PO2 Hipolito. The seized items were also positively identified and the unbroken chain of custody over the same was established.[21] | |||||
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2009-08-14 |
CARPIO, J. |
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| In drug-related prosecutions, the State not only bears the burden of proving the elements of the offenses of sale and possession of methamphetamine hydrochloride under RA 9165,[5] but also carries the obligation to prove the corpus delicti, the body of the crime,[6] to discharge its overall duty of proving the guilt of the accused beyond reasonable doubt.[7] The prosecution fails to comply with the indispensable requirement of proving corpus delicti not only when it is missing[8] but also when there are substantial gaps in the chain of custody of the seized drugs which raise doubts on the authenticity of the evidence presented in court.[9] | |||||