Neither law nor jurisprudence requires the presentation of any of the money used in a buy-bust operation - G.R. No. 193385

See - G.R. No. 193385





"x x x.

The essential requirements for a successful prosecution of illegal sale of dangerous drugs, such as shabuare: "(1) the identity ofthe buyer and the seller, the object and consideration ofthe sale; and (2) the delivery of the thing sold and the payment therefor."13 Equally settled is the rule that "[t]he 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."14 Here, the Court is satisfied that the prosecution discharged its burden of establishing all the aforesaid elements. The prosecution positively identified appellants as the sellers of the seized substance which was later found to be positive for methamphetamine hydrochloride, a dangerous drug. Appellants sold the drug to PO2 Soriano, the police officer who acted asthe poseur-buyer, and received from the latter the P500.00 buy-bust money aspayment therefor.

Appellants’ contention that the consideration of the sale was not established since the buy-bust money was not presented as evidence is unavailing. Suffice it to say that "[n]either law nor jurisprudence requires the presentation of any of the money used in a buy-bust operation x x x."15 "It is sufficient to show that the illicit transaction did take place, coupled with the presentation in court of the corpus delictiin evidence. These were done, and were proved by the prosecution’s evidence."16

x x x."

Read - 

G.R. No. 193385               December 1, 2014

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
vs. DATSGANDAWALI y GAPAS and NOL PAGALAD y ANAS, Accused-Appellants.