This case has been cited 4 times or more.
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2015-06-29 |
VILLARAMA, JR., J. |
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| Parenthetically, in illegal possession of dangerous drugs, such as shabu, the elements 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.[34] | |||||
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2013-03-06 |
VELASCO JR., J. |
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| In every prosecution for illegal sale of dangerous drugs under Sec. 5, Art. II of RA 9165, the following elements must concur: (1) the identities of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment for it.[35] As it were, the dangerous drug itself forms an integral and key part of the corpus delicti of the offense of possession or sale of prohibited drugs. Withal, it is essential in the prosecution of drug cases that the identity of the prohibited drug be established beyond reasonable doubt. This means that on top of the elements of possession or illegal sale, the fact that the substance illegally sold or possessed is, in the first instance, the very substance adduced in court must likewise be established with the same exacting degree of certitude as that required sustaining a conviction. The chain of custody requirement, as stressed in People v. Cervantes,[36] and other cases, performs this function in that it ensures that unnecessary doubts respecting the identity of the evidence are minimized if not altogether removed. People v. Cervantes describes the mechanics of the custodial chain requirement, thusly: As a mode of authenticating evidence, the chain of custody rule requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. In context, this would ideally include testimony about every link in the chain, from the seizure of the prohibited drug up to the time it is offered into evidence, in such a way that everyone who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness' possession, the condition in which it was received and the condition it was delivered to the next link in the chain.[37] x x x | |||||
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2011-07-06 |
CARPIO, J. |
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| In a successful prosecution for offenses involving the illegal sale of dangerous drugs under Section 5, Article II of RA 9165, the following elements must concur: (1) the identities of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment for it.[18] What is material is proof that the transaction or sale actually took place, coupled with the presentation in court of evidence of corpus delicti.[19] | |||||
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2011-03-02 |
PEREZ, J. |
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| In every prosecution for illegal sale of shabu under Section 5, Art. II of Republic Act No. 9165 or the "Comprehensive Dangerous Drugs Act of 2002," the following elements must be sufficiently proved: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor.[11] All these elements were duly established. Appellants were caught in flagrante delicto selling shabu through a buy-bust operation conducted by MADAC operatives. | |||||