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People vs. Gamboa [SEPARATE CONCURRING OPINION, PERALTA, J.:]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. MANUEL GAMBOA Y FRANCISCO @ "KUYA," ACCUSED-APPELLANT.

G.R. No. 233702 | 2018-06-20

SEPARATE CONCURRING OPINION
 
PERALTA, J.:
 
I concur with the ponencia in acquitting accused-appellant Manuel Gamboa y Francisco of the charges of illegal sale and illegal possession of dangerous drugs, or violation of Sections 5 and 11, Article II of Republic Act No. 9165 (R.A. No. 9165),[1] respectively. I agree that despite the non­observance of the three-witness requirement under Section 21[2] of R.A. No. 9165, no justifiable reason was proffered by the prosecution as to why the marking of the seized items immediately upon confiscation at the place of arrest was only done in the presence of...