This case has been cited 2 times or more.
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2014-02-05 |
PEREZ, J. |
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| Here, Morilla and Mayor Mitra were caught in flagrante delicto in the act of transporting the dangerous drugs on board their vehicles. "Transport" as used under the Dangerous Drugs Act means "to carry or convey from one place to another."[23] It was well established during trial that Morilla was driving the ambulance following the lead of Mayor Mitra, who was driving a Starex van going to Manila. The very act of transporting methamphetamine hydrochloride is malum prohibitum since it is punished as an offense under a special law. The fact of transportation of the sacks containing dangerous drugs need not be accompanied by proof of criminal intent, motive or knowledge.[24] | |||||
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2003-01-20 |
QUISUMBING, J. |
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| Anent the third element, we have held that to warrant conviction, possession of illegal drugs must be with knowledge of the accused or that animus possidendi existed together with the possession or control of said articles.[96] Nonetheless, this dictum must be read in consonance with our ruling that possession of a prohibited drug per se constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused absent a satisfactory explanation of such possession.[97] In effect, the onus probandi is shifted to accused to explain the absence of knowledge or animus possidendi[98] in this situation. | |||||