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PEOPLE v. ANTONIO MAGPAYO

This case has been cited 5 times or more.

2014-03-12
LEONARDO-DE CASTRO, J.
Admittedly, denial is an inherently weak defense, consistently viewed with disfavor by the courts, being a self-serving negative evidence.  In view, however, of the constitutional presumption that an accused is innocent until the contrary is proven beyond reasonable doubt, the burden lies on the prosecution to overcome such presumption by presenting the required quantum of evidence.  In so doing, the prosecution must rest on its own merits and must not rely on the weakness of the defense.[18]
2013-09-25
LEONARDO-DE CASTRO, J.
Fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.[37]
2013-01-30
LEONARDO-DE CASTRO, J.
Given the unique characteristic of dangerous and illegal drugs which are indistinct, not readily identifiable, and easily susceptible to tampering, alteration, or substitution, either by accident or otherwise, there must be strict compliance with the prescribed measures to be observed during and after the seizure of dangerous drugs and related paraphernalia, during the custody and transfer thereof for examination, and at all times up to their presentation in court.[40] Such measures are described with particularity under Section 21(1) of Republic Act No. 9165 and Section 21(a) of the Implementing Rules and Regulations (IRR) of Republic Act No. 9165, which read: Section 21(1) of Rep. Act No. 9165
2011-08-03
PEREZ, J.
Strict compliance with the prescribed procedures is required because of the unique characteristic of illegal drugs, rendering them indistinct, not readily identifiable, and easily open to tampering, alteration or substitution either by accident or otherwise.  Hence, we have the rules on the measures to be observed during and after the seizure, during the custody and transfer of the drugs for examination, and at all times up to their presentation in court.[43]
2011-06-22
PEREZ, J.
The following are the links that must be established in the chain of custody in a buy-bust situation: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court. [32]