This case has been cited 1 times or more.
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2015-11-11 |
VILLARAMA, JR., J. |
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| To successfully prosecute a case of illegal possession of dangerous drugs, the following elements must be established: (1) the accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.[25] In the case at bench, the prosecution was able to establish with moral certainty the guilt of the accused-appellants for the crime of illegal possession of dangerous drugs. Accused-appellants were caught in actual possession of the prohibited drugs during a valid search of their house. It bears stressing that aside from assailing the validity of the search, accused-appellants did not deny ownership of the illegal drugs seized. They have not proffered any valid defense in the offense charged for violation of the Comprehensive Dangerous Drugs Act of 2002. | |||||