4/16/2021
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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:
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