This case has been cited 3 times or more.
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2012-10-24 |
LEONARDO-DE CASTRO, J. |
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| In the prosecution of illegal sale of drugs, the elements that should be proven are the following: (1) the identities of the buyer and the seller, the object, and consideration; and (2) the delivery of the thing sold and the payment therefor. The prosecution must (1) prove that the transaction or sale actually took place, and (2) present in court evidence of the corpus delicti.[27] As regards the prosecution for illegal possession of dangerous drugs, the elements to be proven are the following: (1) the accused is in possession of an item or an object identified to be a prohibited or a regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.[28] | |||||
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2011-12-14 |
LEONARDO-DE CASTRO, J. |
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| In Criminal Case No. 03-1309 accused ROBERT MERCADO y TAYLO is hereby sentenced to suffer imprisonment for an indeterminate term of twelve [12] years and one [1] day, as minimum, to fourteen [14] years and eight [8] months, as maximum and to pay a fine P300,000.00; | |||||
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2011-06-08 |
VILLARAMA, JR., J. |
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| Appellants anchor their argument on the PAOCTF team's failure to mark the confiscated shabu while they were still at the crime scene. This is, however, untenable. The buy-bust team's failure to immediately mark the seized drugs will not automatically impair the integrity of the chain of custody as long as the integrity and evidentiary value of the seized items have been preserved. [46] | |||||