This case has been cited 4 times or more.
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2013-11-27 |
LEONARDO-DE CASTRO, J. |
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| Nevertheless, we will still pass upon this question considering the gravity of its consequences on the liberty of appellant. We take this opportunity to reiterate jurisprudence which states that non-compliance with Section 21 does not necessarily render the arrest illegal or the items seized inadmissible because what is essential is that the integrity and evidentiary value of the seized items are preserved which would be utilized in the determination of the guilt or innocence of the accused.[11] | |||||
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2013-11-27 |
REYES, J. |
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| The drug seized during the buy-bust operation, which is considered the crime's corpus delicti, was sufficiently established as containing shabu, a dangerous drug. SPO1 Velasco's marking of the seized drug immediately upon his arrival at the police station qualified as a compliance with the marking requirement. Contrary to the argument of the defense, even the buy-bust team's failure to make an inventory and to take photographs of the subject drug did not adversely affect the prosecution's case. Time and again, the Court has recognized that non-compliance with Section 21[26] of R.A. No. 9165 which identifies the said requirements does not necessarily render the arrest illegal or the items seized inadmissible. What is essential is that the integrity and evidentiary value of the seized items which would be utilized in the determination of the guilt or innocence of the accused are preserved.[27] In this case, the defense failed to substantiate its claim that such integrity and evidentiary value of the subject drug was adversely affected by the police officers' handling thereof. As the Court explained in People v. Mendoza[28]: This Court has, in many cases, held that while the chain of custody should ideally be perfect, in reality it is not, "as it is almost always impossible to obtain an unbroken chain." The most important factor is the preservation of the integrity and the evidentiary value of the seized items as they will be used to determine the guilt or innocence of the accused. Hence, the prosecution's failure to submit in evidence the physical inventory and photograph of the seized drugs as required under Article 21 of Republic Act No. 9165, will not render [the accused]'s arrest illegal or the items seized from her inadmissible.[29] (Citations omitted) | |||||
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2013-10-02 |
ABAD, J. |
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| In People v. Aneslag,[19] the Information alleged that the accused sold 240 grams of shabu but the forensic test showed that the drugs weighed only 230 grams, short by 10 grams. The prosecution offered a sound explanation for the 4.16% loss. The trial court ordered two separate tests of the subject shabu packs. As a consequence the two chemists took out separate samples from each of the seized packs of shabu, resulting in the weight loss. | |||||
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2013-04-10 |
LEONARDO-DE CASTRO, J. |
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| Nonetheless, despite the apparent mandatory language that is expressed in the foregoing rule, we have always reiterated in jurisprudence that non-compliance with Section 21 does not necessarily render the arrest illegal or the items seized inadmissible because what is essential is that the integrity and evidentiary value of the seized items are preserved which would be utilized in the determination of the guilt or innocence of the accused.[11] | |||||