This case has been cited 2 times or more.
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2004-02-16 |
QUISUMBING, J. |
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| Moreover, we are not persuaded that no illicit transaction took place. The offer to sell and then the sale itself arose when the poseur-buyer showed the money to appellant, which prompted the latter to show the contents of the carton, and hand it over to the poseur-buyer. Mere showing of the said regulated drug does not negate the existence of an offer to sell or an actual sale.[35] Before appellant and Mapoy met, the informant had already disclosed to appellant the intention of Mapoy to buy shabu. Thus, when appellant and Mapoy met, appellant's intention of selling "shabu" to Mapoy was undeniably manifest. The consummation of the crime charged herein may be sufficiently established even in the absence of an exchange of money.[36] After all, there is no fixed procedure for conducting a "buy-bust" operation. The crime of illegal sale is committed as soon as the sale transaction is consummated. The payment could precede or follow delivery of the drug sold.[37] | |||||
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2003-01-20 |
QUISUMBING, J. |
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| The trial court imposed a fine on appellant in the sum of One Million Pesos (P1,000,000.00), without subsidiary imprisonment in case of insolvency. The imposition of a fine is mandatory in cases of conviction of possession of illegal drugs. This being within the limits allowed by the law, the amount of the fine must be sustained. All these sanctions might not remedy all the havoc wrought by prohibited drugs on the moral fiber of our society, especially the youth.[107] But these penalties should warn peddlers of prohibited drugs that they cannot ply their trade in our streets with impunity. | |||||