This case has been cited 2 times or more.
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2013-06-05 |
SERENO, C.J. |
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| We cannot uphold the contention of petitioner that his warrantless arrest was illegal. The CA correctly ruled that his failure to question the legality of his arrest before entering his plea during arraignment operated as a waiver of that defense. "It has been ruled time and again that an accused is estopped from assailing any irregularity with regard to his arrest if he fails to raise this issue or to move for the quashal of the information against him on this ground before his arraignment."[28] | |||||
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2012-01-18 |
LEONARDO-DE CASTRO, J. |
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| The testimony of PO3 Lowaton showed the complete details of the transaction: the initial contact between him and accused-appellant,[33] the offer to purchase shabu,[34] the delivery of the dangerous drug and payment with the marked money,[35] and the eventual arrest of accused-appellant.[36] We carefully examined said testimony and found ourselves in agreement with the Court of Appeals that the same was straightforward and clearly established the elements of the crime of illegal sale of drugs, namely: "(1) the identity of the buyer and the seller, the object and consideration; and (2) the delivery of the thing sold and payment therefor."[37] Likewise, the testimony of PO3 Lowaton[38] and MADAC Castillo[39] as regards the sachet seized from accused-appellant also sufficiently established the elements of the crime of illegal possession of illegal drugs, which are: "(1) the accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug."[40] | |||||