ILLEGAL SALE OF PROHIBITED DRUGS

ILLEGAL SALE OF PROHIBITED DRUGS, DEFINED. 

SECTION 5, ARTICLE II, RA 9165, AS AMENDED. 

"Under SECTION 5, ARTICLE II of R.A. No. 9165 or ILLEGAL SALE OF PROHIBITED DRUGS, in order to be convicted of the said violation, the following must concur:

(1) the IDENTITY of the buyer and the seller, the OBJECT OF THE SALE and its CONSIDERATION; and (2) the DELIVERY of the thing sold and the PAYMENT therefor.16 (Citation omitted )

In the illegal sale of dangerous drugs, the ILLICIT DRUGS CONFISCATED from the accused comprise the CORPUS DELICTI of the charge.17 In People v. Gatlabayan,18 "the Court held that it is of paramount importance that the IDENTITY OF THE DANGEROUS DRUG BE ESTABLISHED BEYOND REASONABLE DOUBT; and that it must be proven with certitude that the substance bought during the buy-bust operation is EXACTLY THE SAME SUBSTANCE OFFERED IN EVIDENCE BEFORE THE COURT. In fine, the illegal drug must be produced before the court as EXHIBIT and that which was exhibited must be THE VERY SAME SUBSTANCE RECOVERED FROM THE SUSPECT."19 Thus, the CHAIN OF CUSTODY carries out this purpose "as it ensures that unnecessary doubts concerning the identity of the evidence are removed." 20

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MUSTAFA SALI Y ALAVVADDIN A.K.A. "TAPANG/PANG," ACCUSED-APPELLANT. G.R. No. 236596, January 29, 2020.