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People vs. Mercader [SEPARATE CONCURRING OPINION, PERALTA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. MELANIE B. MERCADER, ACCUSED-APPELLANT.

G.R. No. 233480 | 2018-06-20

SEPARATE CONCURRING OPINION
 
PERALTA, J.:
 
I concur with the ponencia in acquitting accused-appellant Melanie B. Mercader of the charges of illegal sale and illegal possession of dangerous drugs, or violation of Sections 5 and 11, Article II of Republic Act (R.A.) No. 9165,[1] respectively. As aptly noted by the ponencia, records reveal that the marking of the seized items was not done in the presence of any elected public official, as well as a representative from the Department of Justice (DOJ) and the media, and that no justifiable reason was proffered by the prosecution as to the non-observance of...