Category Archives: Dangerous Drug Act

Does a waiver of an illegal warrantless arrest mean a waiver of the inadmissibility of evidence seized during the illegal warrantless arrest?

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

Posted in Constitutional Rights, Dangerous Drug Act, Search and Siezure | Tagged | Leave a comment

Is the existence of all dangerous drugs a sine qua non for conviction?

Next, appellant argues that the prosecution failed to prove the corpus delicti of the crime. In particular, she alleged that the apprehending police officers failed to follow the procedure in the custody of seized prohibited and regulated drugs, instruments, apparatuses, … Continue reading

Posted in Dangerous Drug Act, Evidence, Presumption of Regularity | Tagged , | Leave a comment

Is proof of ownership of the confiscated marijuana necessary?

In her defense, appellant averred that the packages she was carrying did not belong to her but to a neighbor who had asked her to carry the same for him. This contention, however, is of no consequence. When an accused … Continue reading

Posted in Dangerous Drug Act, Definitions, Malum Prohibitum | Tagged , , | Leave a comment

There being no valid arrest, the warrantless search that resulted from it was likewise illegal.

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

Posted in Arrest, Constitutional Rights, Dangerous Drug Act, Evidence, Warrantless Search | Tagged , | Leave a comment

Instigation and Entrapment are distinguished and determined

Fifth, the evidence on record belies that the appellants were instigated to sell marijuana. Instigation means luring the accused into a crime that he, otherwise, had no intention to commit, in order to prosecute him.[26] On the other hand, entrapment … Continue reading

Posted in Criminal Law, Dangerous Drug Act, Definitions | Tagged | Leave a comment

Requirements for the handling of seized dangerous drugs as provided for under Sec. 21(1) of RA 9165

This case is about the need for the prosecution and all law enforcement agencies involved in illegal drugs operations to ensure proper observance of the rules governing entrapment of peddlers of prohibited substances. … Appellants chiefly argue that the police … Continue reading

Posted in Dangerous Drug Act | Tagged | Leave a comment

The procedure to be followed in the custody and handling of seized dangerous drugs is outlined in Section 21, paragraph 1, Article II of Republic Act No. 9165

Accused-appellant contends that the arresting officers did not comply with the requirements for the handling of seized dangerous drugs as provided for under Sec. 21(1) of RA 9165: Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, … Continue reading

Posted in Dangerous Drug Act | Tagged | Leave a comment