This case has been cited 4 times or more.
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2013-02-06 |
LEONARDO-DE CASTRO, J. |
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| Verily, the prosecution was able to demonstrate that the integrity and the evidentiary value of the evidence had been preserved. PO2 Bernardo's testimony as to how they learned of De Jesus' drug dealing activities up to the time they arrested him and confiscated the items subject of this case was clear and positive. He was also categorical in his statements on how he marked the seized items and to whom he turned them over. His mistake as to the exact date of the buy-bust operation will not render his testimony incredible. It must be remembered that aside from the fact that these police officers handle numerous cases everyday, the first hearing held for this case was years after the date of De Jesus' arrest. Besides, it is settled that the exact date of the commission of the crime need not be proved unless it is an essential element of the crime.[29] What is significant is that the links in the chain of custody were all accounted for by the prosecution, from the time the items were confiscated from De Jesus, up to the time they were presented in court during trial as proof of the corpus delicti. | |||||
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2013-02-06 |
LEONARDO-DE CASTRO, J. |
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| Indeed, in a prosecution for illegal sale of dangerous drugs, what is material is the proof that the accused peddled illicit drugs, coupled with the presentation in court of the corpus delicti,[25] both of which were satisfactorily complied with by the prosecution in this case. | |||||
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2004-05-19 |
CARPIO, J. |
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| In illegal sale of prohibited drug, the prosecution must establish the following elements: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the drug sold and its payment.[47] What is important is that the prohibited drug the accused sold and delivered be presented before the court and the accused be identified as the offender by the prosecution eyewitnesses.[48] | |||||
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2004-02-17 |
CARPIO, J. |
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| Significantly, in a prosecution for illegal sale of dangerous drugs, what is material is proof that the accused peddled prohibited drugs, coupled with the presentation in court of the corpus delicti.[33] The testimonies of the prosecution witnesses as well as the "hostile witness" (Pastrana) established that the police officers legitimately and successfully carried out on 4 July 1999 a buy-bust operation to entrap appellant. The positive identification of appellant by poseur-buyer Delos Santos as the one who peddled the shabu clearly established the illicit sale, as the poseur-buyer is the best witness to the transaction. Moreover, Pastrana who participated in the buy-bust operation corroborated Delos Santos' testimony in every material detail.[34] | |||||