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Drug Cases Doctrines

The document discusses several key elements related to drug cases. It notes that a buy-bust operation is a form of entrapment where police are authorized to apprehend violators. However, if no actual buy-bust operation was conducted, the elements of illegal drug sale cannot be proven despite testimony from police officers. For a drug sale prosecution to succeed, the identity of buyer and seller, object and consideration of sale, delivery of items sold, and payment must all be proven along with presentation of the corpus delicti.

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Atlas LawOffice
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39 views

Drug Cases Doctrines

The document discusses several key elements related to drug cases. It notes that a buy-bust operation is a form of entrapment where police are authorized to apprehend violators. However, if no actual buy-bust operation was conducted, the elements of illegal drug sale cannot be proven despite testimony from police officers. For a drug sale prosecution to succeed, the identity of buyer and seller, object and consideration of sale, delivery of items sold, and payment must all be proven along with presentation of the corpus delicti.

Uploaded by

Atlas LawOffice
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Drug cases:

A buy-bust operation is a form of entrapment, in which the violator is caught in


flagrante delicto and the police officers conducting the operation are not only
authorized but duty-bound to apprehend the violator and to search him for
anything that may have been part of or used in the commission of the crime

However, where there really was no buy-bust operation conducted, it cannot be


denied that the elements for illegal sale of prohibited drugs cannot be duly
proved despite the presumption of regularity in the performance of official duty
and the seeming straightforward testimony in court by the arresting police
officers. After all, the indictment for illegal sale of prohibited drugs will not have a
leg to stand on.

Although the trial courts findings of fact are entitled to great weight and will not
be disturbed on appeal, this rule does not apply where facts of weight and
substance have been overlooked, misapprehended, or misapplied in a case under
appeal,[17] as here.

For the prosecution of illegal sale of drugs to prosper, the following elements
must be proved: (1) the identity of the buyer and seller, the object, and the
consideration; and (2) the delivery of the thing sold and its payment. What is
material is the proof that the transaction actually took place, coupled with the
presentation before the court of the corpus delicti.[18]

No Surveillance Conducted
http://sc.judiciary.gov.ph/jurisprudence/2011/june2011/185717.htm

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