This case has been cited 3 times or more.
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2013-03-20 |
PEREZ, J. |
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| (3) for the crime of illegal sale of shabu in Criminal Case No. 2302- M-2003 against both accused-appellants, life imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00) each.[37] | |||||
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2010-10-18 |
VELASCO JR., J. |
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| The IRR excuses non-compliance with the requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved. The fact that PO2 Jimenez marked the items at the police station, instead of at the area where the buy-bust operation took place, does not diminish the evidentiary value of the seized items, nor does it damage the case for the prosecution. Generally, non-compliance with Sec. 21 of the IRR will not render an accused's arrest illegal or the items seized or confiscated from the accused inadmissible.[7] The failure to mark the items at the scene of the buy-bust operation was sufficiently explained by PO2 Jimenez, in that he and his team were compelled to remove accused-appellants from the scene as there were other people ganging up on them who might have freed accused-appellants.[8] The necessity of securing accused-appellants, as well as the evidence, was paramount. | |||||
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2010-06-29 |
VELASCO JR., J. |
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| The essential elements that must be established in prosecuting a case of illegal sale of shabu are: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and the payment therefor.[13] What is material is proof that the transaction actually took place, along with the presentation in court of the illegal substance which constitutes the corpus delicti of the crime.[14] | |||||