SOURCE: PEOPLE OF THE PHILIPPINES VS. CARLO MAGNO AURE Y ARNALDO AND MELCHOR AUSTRIACO Y AGUILA (G.R. NO. 185163, 17 JANUARY 2011, VELASCO, JR., J.) SUBJECTS: ILLEGAL POSSESSION OF DANGEROUS DRUGS; ILLEGAL SALE OF PROHIBITED DRUGS; ELEMENTS AND HOW PROVEN. (SUBJECT: PEOPLE VS. AURE ET AL)

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HOW DO YOU PROVE ILLEGAL SALE OF PROHIBITED DRUGS?

 

In the prosecution for the crime of illegal sale of prohibited drugs under Sec. 5, Art. II of RA 9165, the following elements must concur:

(1)   the identities of the buyer and seller, object, and consideration;

(2)   the delivery of the thing sold and the payment for it.[1][36] 

What is material to the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually occurred, coupled with the presentation in court of the substance seized as evidence.[2][37]  In the instant case, all these were sufficiently established by the prosecution.


[1][36] People v. Alberto, G.R. No. 179717, February 5, 2010, 611 SCRA 706, 713; citing People v. Dumlao, G.R. No. 181599, August 20, 2008, 562 SCRA 762, 770.

[2][37] Id.