You're currently signed in as:
User

PEOPLE v. SAIDAMIN MACABALANG Y MALAMAMA

This case has been cited 8 times or more.

2014-07-23
PEREZ, J.
It is settled that the signature of an accused in the receipt of property seized is inadmissible in evidence if it was obtained without the assistance of counsel. The signature of the accused on such a receipt is a declaration against his interest and a tacit admission of the crime charged;[53] hence, the constitutional safeguard must be observed.
2013-02-20
BERSAMIN, J.
To establish the crime of illegal sale of shabu as defined and punished under Section 5,[20] Article II of Republic Act No. 9165, the Prosecution must prove beyond reasonable doubt (a) the identity of the buyer and the seller, the identity of the object and the consideration of the sale; and (b) the delivery of the thing sold and of the payment for the thing. The commission of the offense of illegal sale of dangerous drugs, like shabu, requires simply the consummation of the selling transaction, which happens at the moment the buyer receives the drug from the seller.  In short, the Prosecution must show that the transaction or sale actually took place, and present in court the thing sold as evidence of the corpus delicti.[21]
2009-02-06
CARPIO, J.
A buy-bust operation is a form of entrapment whereby ways and means are resorted to for the purpose of trapping and capturing the lawbreakers in the execution of their criminal plan. For the successful prosecution of the illegal sale of shabu, the following elements must be established: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and its payment. What is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence.[9] Thus, the delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money successfully consummate the buy-bust transaction.
2008-07-28
CHICO-NAZARIO, J.
For the successful prosecution of offenses involving the illegal sale of drugs under Section 5, Article II of Republic Act No. 9165, the following elements must be proven:  (1) the identities of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment therefor.[22]  What is material to 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 evidence of corpus delicti.[23]
2008-06-26
CHICO-NAZARIO, J.
For the successful prosecution of offenses involving the illegal sale of drugs under Section 5, Article II of Republic Act No. 9165, the following elements must be proven: (1) the identity of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment therefor.[51]  What is material to 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 evidence of corpus delicti.[52]
2007-08-08
CARPIO MORALES, J.
For a successful prosecution of a charge for illegal sale of a prohibited drug, the following elements must concur: (1) the identity of the buyer and the seller, the object of the sale, and the consideration; and (2) the delivery of the thing sold and the payment therefor.[37] What is material is proof that the transaction or sale actually took place, coupled with the presentation in court of the object evidence.[38] Such requirements are present in this case.
2007-08-08
CARPIO MORALES, J.
For a successful prosecution of a charge for illegal sale of a prohibited drug, the following elements must concur: (1) the identity of the buyer and the seller, the object of the sale, and the consideration; and (2) the delivery of the thing sold and the payment therefor.[37] What is material is proof that the transaction or sale actually took place, coupled with the presentation in court of the object evidence.[38] Such requirements are present in this case.
2007-08-08
CARPIO MORALES, J.
Appellant's questioning of the lack of prior surveillance by the police officers before the conduct of the buy-bust operation to thus render the operation invalid fails. There is no requirement that a surveillance should first be conducted before a buy-bust operation, especially where the operatives are accompanied to the scene by their informant,[43] or where the police officers have reasonable ground to believe that the informer and the information given are reliable and that a crime is indeed being perpetrated.[44] The buy-bust operation is formed by the police officers precisely to test the veracity of the tip and to apprehend the perpetrator, if he in fact commits the offense, before he further endangers society.