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People vs. De Vera [SEPARATE CONCURRING OPINION, PERALTA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. HENRY DE VERA Y MEDINA, ACCUSED-APPELLANT.

G.R. No. 218914 | 2018-07-30

SEPARATE CONCURRING OPINION

PERALTA, J.:

I concur with the ponencia in acquitting accused-appellant Henry De Vera y Medina 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. (R.A. No.) 9165,[1] respectively. The ponencia duly noted that the records show no attempt by the buy-bust team to secure the presence of the three (3) witnesses required to be present at the time and place of the alleged confiscation of the dangerous drugs, namely: the public elected official, the Department of Justice representative and the media...