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People vs. Ga-ay [SEPARATE CONCURRING OPINION; PERALTA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JENNIFER GA-A Y CORONADO, ACCUSED, AQUILA "PAYAT" ADOBAR, ACCUSED-APPELLANT.

G.R. No. 222559 | 2018-06-06

SEPARATE CONCURRING OPINION

PERALTA, J.:

I concur with the ponencia in acquitting accused-appellant Aquila "Payat" Adobar of the charge of illegal sale of dangerous drugs or violation of Section 5, Article II of R.A. No. 9165.[1] As aptly noted by the ponencia, none of the three (3) witnesses under Section 21[2] of R.A. No. 9165 were present at the time the subject drugs were confiscated from appellant, and no justifiable reason was proffered on why only two (2) of the three witnesses a barangaycaptain and a representative from the media-summoned by the buy-bust team were actually present during the...