Plaintiff-Appellee Accused-Appellant: Second Division
Plaintiff-Appellee Accused-Appellant: Second Division
Plaintiff-Appellee Accused-Appellant: Second Division
DECISION
PERLAS-BERNABE, J : p
Footnotes
* Designated Additional Member per Special Order No. 2780 dated May 11, 2020.
1. See Notice of Appeal dated July 25, 2019; CA rollo, pp. 122-123.
2. Rollo , pp. 4-21. Penned by Associate Justice Evalyn M. Arellano-Morales, with
Associate Justices Oscar V. Badelles and Florencia M. Mamauag, Jr.,
concurring.
7. Id. at 7-8.
8. CA rollo, pp. 36-46.
9. Id. at 46.
10. Id. at 41-46.
11. See Notice of Appeal dated October 17, 2014; id. at 12.
14. The elements of Illegal Sale of Dangerous Drugs under Section 5, Article II of RA
9165 are: (a) the identity of the buyer and the seller, the object, and the
consideration; and (b) the delivery of the thing sold and the payment; while
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the elements of Illegal Possession of Dangerous Drugs under Section 11,
Article II of RA 9165 are: (a) the accused was in possession of an item or
object identified as a prohibited drug; (b) such possession was not authorized
by law; and (c) the accused freely and consciously possessed the said drug.
(See People v. Crispo, G.R. No. 230065, March 14, 2018, 859 SCRA 356, 369;
People v. Sanchez, G.R. No. 231383, March 7, 2018, 858 SCRA 94, 104;
People v. Magsano , G.R. No. 231050, February 28, 2018, 857 SCRA 142, 152;
People v. Manansala , G.R. No. 229092, February 21, 2018, 856 SCRA 359,
369-370; People v. Miranda , G.R. No. 229671, January 31, 2018, 854 SCRA
42, 52; and People v. Mamangon , G.R. No. 229102, January 29, 2018, 853
SCRA 303, 312-313; all cases citing People v. Sumili, 753 Phil. 342, 348
[2015] and People v. Bio, 753 Phil. 730, 736 [2015]).
15. See People v. Crispo, id.; People v. Sanchez, id.; People v. Magsano, id. ; People
v. Manansala, id.; People v. Miranda, id. ; and People v. Mamangon, id. See
also People v. Viterbo , 739 Phil. 593, 601 (2014).
16. See People v. Gamboa , G.R. No. 233702, June 20, 2018, 867 SCRA 548, 563
and 570, citing People v. Umipang , 686 Phil. 1024, 1039-1040 (2012).
17. See People v. Año , G.R. No. 230070, March 14, 2018, 859 SCRA 380, 388-390,
People v. Crispo, supra note 14; People v. Sanchez, supra note 14; People v.
Magsano, supra note 14; People v. Manansala, supra note 14; People v.
Miranda, supra note 14; and People v. Mamangon, supra note 14. See also
People v. Viterbo , supra note 15.
18. People v. Mamalumpon, 767 Phil. 845, 855 (2015), citing Imson v. People , 669
Phil. 262, 270-271 (2011). See also People v. Ocfemia , 718 Phil. 330, 348
(2013), citing People v. Resurreccion, 618 Phil. 520, 532 (2009).
19. See People v. Tumulak , 791 Phil. 148, 160-161 (2016); and People v. Rollo , 757
Phil. 346, 357 (2015).
20. See Section 21 (1) and (2), Article II of RA 9165 and its Implementing Rules and
Regulations.
21. See Section 21, Article II of RA 9165, as amended by RA 10640.
22. See People v. Bangalan, G.R. No. 232249, September 3, 2018, citing People v.
Miranda, supra note 14. See also People v. Mendoza , 736 Phil. 749, 764
(2014).
23. See People v. Miranda, id. See also People v. Macapundag , G.R. No. 225965,
March 13, 2017, 820 SCRA 204, 215, citing People v. Umipang, supra note
16, at 1038.
24. See People v. Segundo, G.R. No. 205614, July 26, 2017, 833 SCRA 16, 44, citing
People v. Umipang , id.
25. See People v. Sanchez, 590 Phil. 214, 234 (2008).