This case has been cited 9 times or more.
2015-02-18 |
DEL CASTILLO, J. |
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The crime of illegal sale of dangerous drugs, such as shabu, has the following elements: "(1) the identity of the buyer and the seller, the object, and consideration; (2) the delivery of the thing sold and the payment therefor."[15] "The delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummate the buy-bust transaction."[16] | |||||
2014-12-01 |
DEL CASTILLO, J. |
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The essential requirements for a successful prosecution of illegal sale of dangerous drugs, such as shabu are: "(1) the identity of the buyer and the seller, the object and consideration of the sale; and (2) the delivery of the thing sold and the payment therefor."[13] Equally settled is the rule that "[t]he delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummate the buy-bust transaction."[14] Here, the Court is satisfied that the prosecution discharged its burden of establishing all the aforesaid elements. The prosecution positively identified appellants as the sellers of the seized substance which was later found to be positive for methamphetamine hydrochloride, a dangerous drug. Appellants sold the drug to PO2 Soriano, the police officer who acted as the poseur-buyer, and received from the latter the P500.00 buy-bust money as payment therefor. | |||||
2014-11-17 |
DEL CASTILLO, J. |
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Further, failure by the prosecution to prove that the police officers conducted the required physical inventory of the seized shabu does not immediately result in the unlawful arrest of an accused or render inadmissible in evidence the items seized. "What is essential is the preservation of the integrity and the evidentiary value of the seized items, as the same would be utilized in the determination of the guilt or innocence of the accused."[26] Here, the records reveal that the police officers substantially complied with the process of preserving the integrity of the seized shabu. | |||||
2012-11-26 |
DEL CASTILLO, J. |
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Moreover, "[n]on-compliance with Section 21 does not render an accused's arrest illegal or the items seized/confiscated from him inadmissible. What is essential is the 'preservation of the integrity and the evidentiary value of the seized items as the same would be utilized in the determination of the guilt or innocence of the accused.'"[22] The records reveal that at no instance did appellant hint a doubt on the integrity of the seized items. | |||||
2012-10-10 |
LEONARDO-DE CASTRO, J. |
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In every prosecution for the illegal sale of prohibited drugs, the presentation of the drug, i.e., the corpus delicti, as evidence in court is material. In fact, the existence of the dangerous drug is crucial to a judgment of conviction. It is, therefore, indispensable that the identity of the prohibited drug be established beyond doubt. Even more than this, what must also be established is the fact that the substance bought during the buy-bust operation is the same substance offered in court as exhibit. The chain of custody requirement performs this function in that it ensures that unnecessary doubts concerning the identity of the evidence are removed.[35] | |||||
2010-09-27 |
VILLARAMA, JR., J. |
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In every case of illegal sale of dangerous drugs, the prosecution is obliged to establish the following essential elements: (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. What is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. The delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummate the buy-bust transaction.[24] | |||||
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] |