This case has been cited 2 times or more.
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2006-12-06 |
TINGA, 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 therefor.[30] What is material is the proof that the transaction or sale transpired, coupled with the presentation in court of the corpus delicti. Corpus delicti is the body or substance of the crime, and establishes the fact that a crime has been actually committed. It has two elements, namely: (1) proof of the occurrence of a certain event; and (2) some person's criminal responsibility for the act.[31] | |||||
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2004-07-12 |
YNARES-SANTIAGO, J. |
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| In the case at bar, as the penalty of reclusion perpetua to death consists of two indivisible penalties, appellants were correctly meted the lesser penalty of reclusion perpetua, conformably with Article 63(2) of the Revised Penal Code that when there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.[10] As to the fine, considering that the amount of shabu sold was 982.1 grams, we find the amount of P500,000.00 as reasonable. | |||||