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PEOPLE v. RAMON MACUTO

This case has been cited 1 times or more.

2004-02-05
CARPIO, J.
In many cases, drug pushers sell their prohibited articles to prospective customers, be they strangers or not, in private as well as in public places, even in the daytime.[7] Indeed, some drug pushers appear to have become exceedingly daring, openly defiant of the law.  Hence, what matters is not the existing familiarity between the buyer and seller, or the time and venue of the sale, but the fact of agreement as well as the act constituting the sale and delivery of prohibited drugs.[8] We have doubts as to whether appellant's family was around during the buy-bust since the prosecution witnesses testified to the contrary.  Nevertheless, even the circumstance that appellant's wife and children may have been around is of no great significance in establishing appellant's guilt or innocence.