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LEGAL DOCTRINE –
A. Definitions
♔ Person Apprehended or Arrested
♔ Possession - Meaning
♔ Animus Possidendi
B. Prosecution
♔ For Illegal Possession of a Dangerous Drug
♔ Constructive Possession Exists When …
♔ For the Sale of Illegal Drugs > Sale of illegal drugs, elements;
♔ "Possession of Prohibited Drugs" is a Necessary Element in the "Sale of Prohibited Drugs" - Is there an Exceptions?
♔ "Objective Test"
♔ Non-compliance with Section 21 of RA 9165, Is it Fatal?
♔ Quantitative Examination of the Substance. Is It an Indispensable for Conviction?
♔ Non-presentation of the Forensic Chemist. Is It Sufficient Cause for Acquittal?
♔ Persons Found in Possession of Paraphernalia with Residue of Dangerous Drugs. May Be Charged of and Prosecuted Only for Use Thereof
♔ Presumption in Buy-Bust Operations
C. Buy-Bust
♔ Presentation of a Confidential Informant
♔ Presentation of a Poseur Buyer
♔ Presentation of a Buy-Bust Money
♔ Absence of Prior Surveillance or Test-Buy. Does It Affect the Legality of the Buy-Bust Operation?
♔ Coordination with the PDEA. Is It an Indispensable Requirement Prior to a Buy-Bust Operation?
♔ Failure to conduct a physical inventory and to photograph the items seized
D. Chain of Custody
♔ Requirements
♔ Corpus delicti
♔ Marking
♔ Procedure on the Seizure and Custody of Drugs (see also Breaking the Chain)
♔ Initial Custody of Dangerous Drugs - by a Person Who is Not a Police Officer or Agent
♔ Venue of Marking. Physical Inventory and Photography of Seized Items
E. Defenses
♔ Defenses of Denial and Frame-Up
♔ Planting of Evidence
♔ Breaking the Chain (see also Procedure on the Seizure and Custody of Drugs)
♔ Illegal Search
♔ Mandatory Drug Testing Is Not Applicable to All Offenders
♔ Testimonial compulsion, is there an Exceptions?
F. Settled Rule
♔ Evaluation of the Credibility of Witnesses and Their Testimonies
DOWNLOAD FREE Trial Version of "Legal Wars on Illegal Drugs"
http://utakpinoy.com/2017/01/11/free-downloads-updated-january-7-2017/
http://utakpinoy.com/2017/01/11/free-downloads-updated-january-7-2017/
