Scribd Logo
Upload

Welcome to Scribd!

  • 23 views

    Drug Cases Doctrines

    Uploaded by

    Atlas LawOffice
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Drug Cases Doctrines

    Uploaded by

    Atlas LawOffice
    23 views1 page
    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.

    Original Title

    Drug cases doctrines.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    Drug Cases Doctrines

    Uploaded by

    Atlas LawOffice
    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.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    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

    You might also like