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People of the Philippines Vs. Hong Yen E and Tsien Tsien Chua

PEOPLE OF THE PHILIPPINES, Appellee, vs. HONG YENG E and TSIEN TSIEN CHUA, Appellants.

G.R. No. 181826 | 2013-01-09




THIRD DIVISION

D E C I S I O N


ABAD, J.:

This is about the duty of the prosecution to prove beyond reasonable doubt that the illegal sale of drugs was consummated. Absence of proof of consummation, the accused may be acquitted for illegal sale of drugs. Nonetheless, accused may be convicted for "illegal possession of prohibited drugs"-penalized in Section 8 of Republic Act (R.A.) 6425, as amended-as possession is necessarily included in the crime charged in the Information.

The Facts and the Case

The City Prosecutor of Manila separately charged the accused Hong Yen E @ "Benjie Ong" (Yen E), Tsien Tsien Chua (Chua), and Gun Jie Ang (Ang) before...