This case has been cited 1 times or more.
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2000-07-24 |
DAVIDE JR., C.J. |
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| officer has been accepted by the seller.[10] It has been consistently ruled that the absence of marked money does not create a hiatus in the evidence for the prosecution as long as the sale of the dangerous drugs is adequately proven and the drug subject of the transaction is presented before the court. In every prosecution for the illegal sale of dangerous drugs, what is material and indispensable is the submission of proof that the sale of illicit drug took place between the seller and the poseur-buyer.[11] Thus, contrary to the theory of CAPARAS, proof of actual payment of money is not an indispensable requisite to support a conviction for sale of prohibited drug. What is material in the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence.[12] In the case at bar, the prosecution was able to prove the fact of sale. The poseur-buyer Jamisolamin declared that on 19 April 1997 CAPARAS agreed to sell and deliver bricks of marijuana at P1,000 per kilo. On 29 April 1997, CAPARAS, pursuant to said agreement, transported | |||||