This case has been cited 5 times or more.
2014-09-24 |
PEREZ, J. |
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In People v. Roble,[37] the Court ruled that generally, the evaluation of the trial court of the credibility of the witnesses and their testimonies is entitled to great weight and generally not disturbed upon appeal. However, such rule does not apply when the trial court has overlooked, misapprehended, or misapplied any fact of weight or substance. In this present case, the contradictions, numerous and material, warrant the acquittal of accused-appellant.[38] | |||||
2013-08-28 |
LEONARDO-DE CASTRO, J. |
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The Court also cautioned in People v. Roble[37] that "[w]hile a buy-bust operation is legal and has been proved to be an effective method of apprehending drug peddlers, due regard to constitutional and legal safeguards must be undertaken. It is the duty of the Courts to ascertain if the operation was subject to any police abuse." | |||||
2013-06-05 |
SERENO, C.J. |
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Corpus delicti is the "actual commission by someone of the particular crime charged."[40] In illegal drug cases, it refers to the illegal drug item itself.[41] When courts are given reason to entertain reservations about the identity of the illegal drug item allegedly seized from the accused, the actual commission of the crime charged is put into serious question. In those cases, courts have no alternative but to acquit on the ground of reasonable doubt. | |||||
2012-06-13 |
CARPIO, J. |
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The elements necessary in every prosecution for the illegal sale of shabu are: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment.[17] Similarly, it is essential that the transaction or sale be proved to have actually taken place coupled with the presentation in court of evidence of corpus delicti which means the "actual commission by someone of the particular crime charged."[18] The corpus delicti in cases involving dangerous drugs is the presentation of the dangerous drug itself. | |||||
2011-10-05 |
LEONARDO-DE CASTRO, J. |
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In the crime of sale of dangerous drugs, the prosecution must be able to successfully prove the following elements: "(1) identities of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor."[12] Similarly, it is essential that the transaction or sale be proved to have actually taken place coupled with the presentation in court of evidence of corpus delicti which means the "actual commission by someone of the particular crime charged."[13] |