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People vs. Yagao

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. ROGELIO YAGAO Y LLABAN, ACCUSED-APPELLANT.

G.R. No. 216725 | 2019-02-18

D E C I S I O N
 
BERSAMIN, C.J.:
 
The delivery of the dangerous drug to the poseur-buyer by the accused as the seller, and the receipt by the latter of the marked money during the buy-bust transaction are the acts that consummate the crime of illegal sale of the dangerous drug. Considering that there can be no sale without the delivery, the act of delivery must be proved in order to hold the accused guilty of the crime of illegal sale of the dangerous drug.
 
The observance of the chain of custody, being necessary to preserve the integrity of the drug presented as evidence, must be clearly established. Otherwise, the accused...