This case has been cited 2 times or more.
|
2014-12-03 |
DEL CASTILLO, J. |
||||
| In this case, Ebio turned over to PO3 Bongon the two sachets of shabu sold to him by the appellant. Together with another sachet of shabu he recovered from appellant, PO3 Bongon immediately marked each sachet with "RSB-1," "RSB-2" and "RSB-3," respectively, before giving them to SPO1 Antonio. While it is true that the exact location where the markings were made was not mentioned, it can reasonably be concluded that the same happened during appellant's apprehension, in transit to the police station or before the sachets were turned over to SPO1 Antonio in the police station. Upon receipt, SPO1 Antonio then submitted the sachets to the crime laboratory. PO2 Henry Escalora, Sr. received the three sachets and handed them to Forensic Chemist Clemen whose examination of the contents thereof revealed that they were positive for shabu. During trial, Forensic Chemist Clemen presented and identified the specimens. Clearly, the prosecution was able to establish the chain of custody of the shabu from its possession by the police officers, testing in the laboratory to determine its composition, until the same was presented as evidence in court. Hence, even if there was no statement as to where the markings were made, what is important is that the seized specimen never left the custody of PO3 Bongon until he turned over the same to SPO1 Antonio and that thereafter, the chain of custody was shown to be unbroken.[7] Indeed, the integrity and evidentiary value of the seized shabu is shown to have been properly preserved and the crucial links in the chain of custody unbroken. | |||||
|
2014-10-08 |
PEREZ, J. |
||||
| In prosecutions for illegal sale of dangerous drugs, the following two (2) elements must be duly established: (1) proof that the transaction or sale took place; and (2) the presentation in court of the corpus delicti or the illicit drug as evidence.[11] | |||||