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

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GERALD TAMAYO CORDOVA AND MARCIAL DAYON EGUISO, ACCUSED-APPELLANTS.

G.R. No. 231130 | 2018-07-09

SEPARATE CONCURRING OPINION

PERALTA, J.:

I concur with the ponencia in acquitting accused-appellants Gerald Tamayo Cordova and Marcial Dayon Eguiso 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 appellant Eguiso was not present during the required photography of the seized items as shown by his absence in the photos taken, and that it was only three (3) days after the seizure of the suspected drugs that they were submitted for laboratory...