This case has been cited 2 times or more.
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2012-07-30 |
VILLARAMA, JR., J. |
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| In the case of People v. Miguel,[10] the Court held that for an accused to be convicted of the crime of illegal possession of dangerous drugs, it is necessary that the following elements be established: (1) the accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug. In this case, the evidence on record established beyond reasonable doubt that appellant was caught in possession of the shabu found in her luggage. Upon examination by Forensic Chemist Patricia Ann Prollamante of the National Bureau of Investigation, the specimen contained in each of the nine plastic sachets confiscated from appellant also yielded positive results for the presence of methamphetamine hydrochloride or shabu. [11] Thus, all three elements were duly established. | |||||
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2011-01-31 |
VELASCO JR., J. |
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| The inconsistencies referred to are inconsequential. What is important is that the prosecution was able to establish the key elements needed for a conviction. In order to successfully prosecute an accused for illegal sale of drugs, the prosecution must be able to 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 for it.[10] | |||||