Beruflich Dokumente
Kultur Dokumente
Disposition of Drugs:
Disposition of Drugs Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, the same shall be submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative examination
Disposition of Drugs:
Disposition of Drugs A certification of the forensic laboratory examination results,
which shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject item/s:
Disposition of Drugs:
Disposition of Drugs After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction or burning of the same
BUY-BUST OPERATION:
BUY-BUST OPERATION A form of entrapment as a valid and effective mode of
apprehending drug pushers (pp v. sembrano , 628 scra 328) A prior surveillance
much less a lengthy one, is not necessary during an entrapment – there is no
textbook method of conducting buy-bust operations (pp v. padua , 625 scra 220)
Neither law nor jurisprudence requires the presentation of any of the money used
in a buy-bust operation (pp v. gonzaga , 632 scra 551). The marked money is not
indispensable but merely corroborative in nature.
BUY-BUST OPERATION:
BUY-BUST OPERATION A search warrant or warrant of arrest is not needed in a
buy-bust operation where the accused is caught in flagrante delicto in possession
of, and selling, dangerous drugs to the poseur-buyer. The existence of
dangerous drugs is a condition sine qua non for conviction for the illegal sale of
dangerous drugs, it being the very corpus delicti of the crime; What must also be
established is the fact that the substance bought during the buy-bust operation is
the same substance offered in court as exhibit.
BUY-BUST OPERATION:
BUY-BUST OPERATION The accused is caught in the act and must be
apprehended on the spot; From the very nature of a buy-bust operation, the
absence of a warrant does not make the arrest illegal (Pp v. Marcelino 625 scra
632) Since the buy-bust operation was established as legitimate, it follows that
the search was also valid, and a warrant was likewise not needed to conduct it.
(id) When an arrest is made during an entrapment operation, it is not required
that a warrant be secured in line with the provisions of Rule 113, Section 5(a) of
the Revised Rules of Court allowing warrantless arrest (Pp v. Sembrano 628 scra
328)
BUY-BUST OPERATION:
BUY-BUST OPERATION A search warrant or warrant of arrest is not needed in a
buy-bust operation where the accused is caught in flagrante delicto in possession
of, and selling , dangerous drugs to the poseur-buyer (Pp v. Araneta , 634 scra
475) Absent any convincing countervailing evidence, the presumption is that the
members of the buy-bust team performed their duties in a regular manner. It was
certainly a job well done. (Id)
WARRANTLESS SEARCH:
WARRANTLESS SEARCH SEARCH OF A MOVING VEHICLE this had been
justified on the ground that the mobility of motor vehicles makes it possible for
the vehicle to be searched to move out of the locality or jurisdiction in which the
warrant must be sought. Extensive Search is valid only as long as the officers
conducting the search have reasonable or probable cause to believe before the
search that they will find the instrumentality or evidence pertaining to a crime, in
the vehicle to be searched.
WARRANTLESS SEARCH:
WARRANTLESS SEARCH EXIGENT AND EMERGENCY CIRCUMSTANCES
(Pp v. Mariacos , June 16, 2010 and Pp v. Aruta ) There was no reasonable time
to obtain a search warrant, especially since the identity of the suspect could not
be readily ascertained . His actuations also aroused the suspicion of the
officers conducting the operation. The Court held that in light of such
circumstances, to deprive the agents of the ability and facility to act promptly,
including a search without a warrant, would be to sanction impotence and
ineffectiveness in law enforcement, to the detriment of society.