This case has been cited 2 times or more.
|
2015-02-04 |
PEREZ, J. |
||||
| In People v. Hong Yeng E and Tsien Tsien Chua,[34] where the marked money was also shown to accused-appellant but it was not actually given to her as she was immediately arrested when the shabu was handed over to the poseur-buyer, the Court held that it is material in illegal sale of dangerous drugs that the sale actually took place, and what consummates the buy-bust transaction is the delivery of the drugs to the poseur-buyer and, in turn, the seller's receipt of the marked money. While the parties may have agreed on the selling price of the shabu and delivery of payment was intended, these do not prove consummated sale. Receipt of the marked money, whether done before delivery of the drugs or after, is required. | |||||
|
2014-03-26 |
DEL CASTILLO, J. |
||||
| It is elementary that "when there is a conspiracy, the act of one is the act of all the conspirators, and a conspirator may be held as a principal even if he did not participate in the actual commission of every act constituting the offense. In conspiracy, all those who in one way or another helped and cooperated in the consummation of the crime are considered co-principals since the degree or character of the individual participation of each conspirator in the commission of the crime becomes immaterial."[34] In proving complicity, direct evidence is not necessary, as it can be clearly deduced from the acts of the conspirators;[35] it may be proved through a series of acts done in pursuance of a common unlawful purpose.[36] | |||||