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PEOPLE v. MARICAR BRAINER Y MANGULABNAN

This case has been cited 4 times or more.

2016-01-18
PERALTA, J.
[9] People v. Brainer, G.R. No. 188571, October 20, 20 12, 683 SCRA 505, 523.
2015-03-16
DEL CASTILLO, J.
Appellant's contention is untenable.  "This Court has consistently ruled that non-compliance with the requirements of Section 21 of [RA] 9165 will not necessarily render the [item] seized or confiscated in a buy-bust operation inadmissible.  Strict compliance with the letter of Section 21 is not required if there is a clear showing that the integrity and evidentiary value of the seized [item] have been preserved, i.e., the [item] being offered in court as [exhibit is], without a specter of doubt, the very same [one] recovered in the buy-bust operation."[20]  Thus, the primordial concern is the preservation of the integrity and evidentiary value of the seized items as the same would be utilized in the determination of the guilt or innocence of the accused.[21]
2014-04-07
VILLARAMA, JR., J.
This Court has already ruled in several cases that the failure of the prosecution to show that the police officers conducted the required physical inventory and photograph of the evidence confiscated pursuant to the guidelines, is not fatal.  It does not automatically render accused-appellant's arrest illegal or the items seized/confiscated from him inadmissible.  What is of utmost importance is the preservation of the integrity and evidentiary value of the seized items, as the same would be utilized in the determination of the guilt of the accused.[29]
2013-12-11
REYES, J.
In any case, the successful prosecution of the offense must be anchored on a proof beyond reasonable doubt of two elements, to wit: (a) the identity of the buyer and the seller, the identity of the object and the consideration of the sale; and (b) the delivery of the thing sold and of the payment for the thing. What is material is the proof showing that the transaction or sale actually took place, coupled with the presentation in court of the thing sold as evidence of the corpus delicti.[43]