This case has been cited 3 times or more.
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2015-10-14 |
MENDOZA, J. |
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| For a successful prosecution of an offense of illegal sale of dangerous drugs, the following essential elements must be proven: (1) that the transaction or sale took place; (2) the corpus delicti or the illicit drug was presented as evidence; and (3) that the buyer and seller were identified.[14] Implicit in all these is the need for proof that the transaction or sale actually took place, coupled with the presentation in court of the confiscated prohibited or regulated drug as evidence. The narcotic substance itself constitutes the very corpus delicti of the offense and the fact of its existence is vital to sustain a judgment of conviction.[15] | |||||
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2011-10-05 |
LEONARDO-DE CASTRO, J. |
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| Recently, we held that the unjustified failure of the police officers to show that the integrity of the object evidence - shabu - was properly preserved negates the presumption of regularity accorded to acts undertaken by them in the pursuit of their official duties.[28] As a rule, the testimony of arresting police officers in drug cases is accorded faith and credit because of the presumption that they have performed their duties regularly.[29] Slight infractions or nominal deviations by the police from the prescribed method of handling the corpus delicti should not exculpate an otherwise guilty defendant.[30] However, in the present case, there were not merely trifling lapses in the handling of the evidence taken from the accused but the prosecution could not even establish what procedure was followed by the arresting team to ensure a proper chain of custody for the confiscated prohibited drug. | |||||
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2011-07-13 |
MENDOZA, J. |
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| The narcotic substance itself constitutes the very corpus delicti of the offense and the fact of its existence is vital to sustain a judgment of conviction. It is therefore of prime importance that the identity of the dangerous drug be likewise established beyond reasonable doubt. [16] Otherwise stated, it must be proven with exactitude that the substance bought during the buy-bust operation is the same substance offered in evidence before the court. Thus, every fact necessary to constitute the offense must be established. The chain of custody requirement ensures that unnecessary doubts concerning the identity of the evidence are removed. [17] | |||||