Republic of the Philippines
________
REGIONAL TRIAL COURT
Branch ____, Legazpi City
People of the Philippines,
Plaintiff,
For: Violation of Sec 5 Article II of
RA 9165
-versus-
AAA De La Cruz,
Accused.
x------------------------------x
DECISION
At the bar are the above captioned cases charging AAA De La Cruz (AAA) for violation of
Section 5 of Article II of RA 9165 otherwise known as the Comprehensive Dangerous Drug Act
of 2002.1
I.
The antecedent facts of the case are as follows:
Prosecution Version:
(Copy Paste Facts based on Prosecution)2
Defense Version:
(Copy Paste Facts based on Defense)3
II.
RULING OF THE COURT
After careful evaluation of the evidences presented by both the prosecution and the defense,
the Court finds the prosecution’s evidence insufficient to establish proof beyond reasonable
doubt to warrant the conviction of accused, AAA De La Cruz for violating sec. 5 Article II of RA
9165.
In order to convict a person charged with the crime of illegal sale of dangerous drugs under
Section 5, Article II of RA 9165, the prosecution is required to prove the following elements: (1)
the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of
the thing sold and the payment therefor.4
1
N ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE
KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES (2002).
2
Records, p. 1.
3
Records p. 4
4
G.R. No. 233747, December 05, 2018 PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. NILA MALANA Y SAMBOLLEDO,
ACCUSED-APPELLANT.
In cases involving dangerous drugs, the State bears not only the burden of proving these
elements, but also of proving the corpus delicti or the body of the crime. In drug cases, the
dangerous drug itself is the very corpus delicti of the violation of the law. While it is true that a
buy-bust operation is a legally effective and proven procedure, sanctioned by law, for
apprehending drug peddlers and distributors, the law nevertheless also
requires strict compliance with procedures laid down by it to ensure that rights are
safeguarded.
In this connection, Section 21, Article II of RA 9165, the applicable law at the time of the
commission of the alleged crime, lays down the procedure that police operatives must follow to
maintain the integrity of the confiscated drugs used as evidence. The provision requires that: (1)
the seized items be inventoried and photographed immediately after seizure or confiscation; (2)
that the physical inventory and photographing must be done in the presence of (a) the accused
or his/her representative or counsel, (b) an elected public official, (c) a representative from the
media, and (d) a representative from the Department of Justice (DOJ), all of whom shall be
required to sign the copies of the inventory and be given a copy thereof. 5
WHEREFORE, premises considered, judgment is hereby rendered finding the accused,
AAA De La Cruz NOT GUILTY of violating sec. 5 Article II of RA 9165 otherwise known as the
Comprehensive Dangerous Drug Act of 2002.
SO ORDERED.
Promulgated on June 9, 2022.
Legazpi City, Albay.
JUAN DE LA CRUZ
Presiding Judge.
5
Id. at 7-8
