This case has been cited 3 times or more.
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2012-02-15 |
LEONARDO-DE CASTRO, J. |
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| Jurisprudence holds that the elements of the crime of illegal sale of drugs are the following: (1) the identity of the buyer and the seller, the object and consideration; and (2) the delivery of the thing sold and payment therefor.[22] | |||||
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2012-01-18 |
LEONARDO-DE CASTRO, J. |
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| The testimony of PO3 Lowaton showed the complete details of the transaction: the initial contact between him and accused-appellant,[33] the offer to purchase shabu,[34] the delivery of the dangerous drug and payment with the marked money,[35] and the eventual arrest of accused-appellant.[36] We carefully examined said testimony and found ourselves in agreement with the Court of Appeals that the same was straightforward and clearly established the elements of the crime of illegal sale of drugs, namely: "(1) the identity of the buyer and the seller, the object and consideration; and (2) the delivery of the thing sold and payment therefor."[37] Likewise, the testimony of PO3 Lowaton[38] and MADAC Castillo[39] as regards the sachet seized from accused-appellant also sufficiently established the elements of the crime of illegal possession of illegal drugs, which are: "(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."[40] | |||||
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2011-03-14 |
VILLARAMA, JR., J. |
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| It is also worthy to note that appellant never alleged that the drugs presented during the trial have been tampered with. Neither did appellant challenge the admissibility of the seized items when these were formally offered as evidence. In the course of the trial, the seized shabu were duly marked, made the subject of examination and cross-examination, and eventually offered as evidence, yet at no instance did the appellant manifest or even hint that there were lapses in the safekeeping of the seized items as to affect their admissibility, integrity and evidentiary value. It was only during her appeal that she raised the issue of non-compliance with the said regulation. Settled is the rule that objections to the admissibility of evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection, he cannot raise the question for the first time on appeal.[54] | |||||