4/16/2021 E-Library - Information At Your Fingertips: Printer Friendly In its July 24, 2018 Decision,[25] the Court of Appeal sustained the Regional Trial Court Decision: WHEREFORE, premises considered, the instant appeal is DENIED, the Decision of the Regional Trial Court, Branch 168, Marikina City dated November 29, 2016 in Criminal Case No. 2014-4543-D MK is AFFIRMED. SO ORDERED.[26] (Emphasis in the original) On August 16, 2018, Abdulah filed a Notice of Appeal.[27] In its March 20, 2019 Resolution,[28] this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their supplemental briefs. Both accused-appellant[29] and the Office of the Solicitor General[30] manifested that they would no longer file their supplemental briefs. For this Court's resolution is the issue of whether or not the Court of Appeals correctly upheld the conviction of accused-appellant Samiah S. Abdulah for the illegal sale of dangerous drugs. In every prosecution for illegal sale of dangerous drugs, the prosecution must establish the following elements: "(1) proof that the transaction or sale took place; and (2) the presentation in court of the corpus delicti or the illicit drug as evidence."[31] In People v. Nacua,[32] the corpus delicti, or the body of the crime itself, is further explained in this wise: Sale or possession of a dangerous drug can never be proven without seizure and identification of the prohibited drug. In prosecutions involving narcotics, the narcotic substance itself constitutes the corpus delicti of the offense and the fact of its existence is vital to sustain a judgment of conviction beyond reasonable doubt. [33] (Emphasis supplied) The Comprehensive Dangerous Drugs Act spells out the chain of custody requirements for the safeguarding and custody of items seized in a buy-bust operation. Complying with these stringent measures preserves the seized items' authenticity and integrity. Section 21 of Republic Act. No. 9165, as amended by Republic Act No. 10640, provides in part: SECTION 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66117 4/12

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