RA9165 AKA The Comprehensive Dangerous Drugs Act Of 2002

Question 1

What are the requisites of the illegal sale of dangerous drugs?

Answer 1

1. That the transaction or sale took place between the accused poseur buyer; and
2. That the dangerous drugs subject of the transaction or sale is presented in court as evidence of the CORPUS DELICTI.
3. That the BUYER and SELLER were identified.

Question 2

What is a BUY-BUST operation?

Answer 2

It is a form of entrapment whereby ways and means are resorted to for the purpose of trapping and capturing the lawbreakers in the execution of their criminal plan.

Question 3

What are the ELEMENTS of Illegal Possession of Dangerous Drugs?

Answer 3

1. The accused is in possession of an item or object which is identified to be a dangerous drug;
2. Such possession is not authorized by law; and
3. The accused freely and consciously possessed the said drug.

Question 4

What is Chain of Custody? And what are the “links” or procedure that must be established?

Answer 4

It is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of physical or electronic evidence.

1. The SEIZURE and MARKING, if practicable, of the illegal drug recovered from the accused by the Apprehending Officer.
2. The turnover of the illegal drug seized by the Apprehending Officer to the Investigating Officer.
3. The turnover by the Investigating Officer of the illegal drug to the Forensic Chemist for Laboratory Examination.
4. The turnover and submission of the marked illegal drug seized from the Forensic Chemist to the Court.