This case has been cited 2 times or more.
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2016-02-10 |
PEREZ, J. |
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| To secure a conviction for illegal possession of a dangerous drug, the concurrence of the following elements must be established by the prosecution: (1) the accused is in possession of an item or object, which is identified to be a prohibited or regulated drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug.[17] | |||||
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2016-02-10 |
PEREZ, J. |
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| The fact that the apprehending officer marked the plastic sachet at the police station, and not at the place of seizure, did not compromise the integrity of the seized item. Jurisprudence has declared that "marking upon immediate confiscation" contemplates even marking done at the nearest police station or office, of the apprehending team.[24] Neither does the absence of a physical inventory nor the lack of photograph of the confiscated item renders the same inadmissible. What is of utmost importance is the preservation of the integrity and evidentiary value of the seized items as these would be used in determining the guilt or innocence of the accused.[25] | |||||