To prove a drug case beyond reasonable doubt, one must establish: (1) the identity of those involved in the sale and the object being sold; and (2) delivery and payment. It is also essential to identify the drugs in court, as failure to do so warrants acquittal of the accused. Proper marking of evidence in the presence of witnesses including the accused, media, Department of Justice, and public officials is necessary but not sufficient, as the presumption of innocence outweighs regularity. Section 25 of Republic Act No. 9165 also requires establishing chain of custody.
To prove a drug case beyond reasonable doubt, one must establish: (1) the identity of those involved in the sale and the object being sold; and (2) delivery and payment. It is also essential to identify the drugs in court, as failure to do so warrants acquittal of the accused. Proper marking of evidence in the presence of witnesses including the accused, media, Department of Justice, and public officials is necessary but not sufficient, as the presumption of innocence outweighs regularity. Section 25 of Republic Act No. 9165 also requires establishing chain of custody.
To prove a drug case beyond reasonable doubt, one must establish: (1) the identity of those involved in the sale and the object being sold; and (2) delivery and payment. It is also essential to identify the drugs in court, as failure to do so warrants acquittal of the accused. Proper marking of evidence in the presence of witnesses including the accused, media, Department of Justice, and public officials is necessary but not sufficient, as the presumption of innocence outweighs regularity. Section 25 of Republic Act No. 9165 also requires establishing chain of custody.
IT IS ESSENTIAL TO PROVE BEYOND REASONABLE DOUBT THE FOLLOWING:
1. Identity of the buyer, seller and the object of the sale;
2. Delivery of the thing sold and its payment.
THE IDENTITY OF THE DRUGS NEEDS TO BE ESTABLISHED IN COURT. FAILURE TO DO
SO WARRANTS THE ACQUITTAL OF THE ACCUSED.
1. Does Marking sufficient?
The presumption of regularity should not prevail over the presumption of innocence. Hence, the procedure must be observed. Mark the evidence in the presence of witness Accused or representative or counsel; and Representative from the Media Representative from the DOJ Any elected public official