SUPREME COURT DECISIONS

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Endnotes:


1 Penned by Judge Roberto A. Barrios.

2 It reads:

SEC. 15. Sale, Administration, Dispensation, Delivery, Transportation and Distribution of Regulated Drugs. -- The penalty of life imprisonment to death and a fine ranging from twenty thousand to thirty thousand pesos, shall be imposed upon any person who, unless authorized by law, shall sell, dispense, deliver, transport or distribute any regulated drug. If the victim of the offense is a minor, or should a regulated drug involved in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein provided shall be imposed.

3 RTC Decision, p. 8; rollo, p. 33.

4 Rollo, p. 10.

5 This case was deemed submitted for resolution on August 3, 1998; when this Court received the Reply Brief.

6 The prosecution presented these witnesses: (1) SPO2 Jeffrey Inciong, (2) SPO1 Pablo Rebaldo, (3) Forensic Chemist Marlene Salangad and (4) Investigating Officer Florentino Tasara.

7 The Appellees Brief was signed by Assistant Solicitor General Carlos N. Ortega and Solicitor Benilda A. Tejada.

8 Brief for the Appellee, pp. 3-5; rollo, pp. 127-129.

9 The Appellants Brief was signed by Atty. Roberto A. Abad.

10 Appellants Brief, pp. 4-6; rollo, pp. 78-80. Citations omitted.

11 Assailed Decision, pp. 5-7; rollo, pp. 30-32.

12 Appellants Brief, p. 2; rollo, p. 74.

13 People v. Juatan, 260 SCRA 532, 537, August 20, 1996; People v. Lua, 256 SCRA 539, 546, April 25, 1996; People v. Ballagan, 247 SCRA 535, 543-544, August 23, 1995; and People v. Ong Co, 245 SCRA 733, 742, July 11, 1995; People v. Sibug, 229 SCRA 489, 496, Janury 24, 1994; People v. Yap, 229 SCRA 787, 792-793, February 9, 1994; People v. Simon, 209 SCRA 148, 156, May 21, 1992; People v. Mauyao, 207 SCRA 732, 738, April 6, 1992; People v. Salameda, 111 SCRA 405, 410, January 30, 1982.

14 TSN, May 25, 1993, pp. 9-13. See also TSN, May 26, 1993, pp. 2-23; and March 23, 1994, pp. 7-30.

15 TSN, May 27, 1993, pp. 2-3.

16 TSN, May 27, 1993, pp. 16-19.

17 The substance taken from the appellant was examined by Noemi P. Austerio, forensic chemist; asisted by Marlene M. Salangad, chief of the chemical division of the PNP Crime Laboratory. See TSN, January 6, 1994, pp. 3-41.

18 Appellants Brief, p. 8; rollo, p. 82.

19 Ibid.

20 TSN, March 23, 1994, p. 27.

21 Appellants Brief, p. 10; rollo, p. 84.

22 TSN, May 25, 1993, p. 13.

2323 TSN, November 5, 1996, pp. 11 and 16.

24 Appellants Brief, p. 10; rollo, p. 84.

25 TSN, November 5, 1996, pp. 11-13.

26 People v. Velasco, 252 SCRA 135, 143, January 23, 1996; People v. Manalo, 230 SCRA 309, 316, February 23, 1994; People v. Yap, 229 SCRA 787, February 9, 1994; People v. Macasa, 229 SCRA 422, 427, January 21, 1994; People v. Alaban, 214 SCRA 301, 305, September 28, 1992; People v. Pablo, 213 SCRA 1, 12, August 25, 1992; People v. Madrid, 210 SCRA 196, 205, June 22, 1992; People v. Blas, 209 SCRA 339, 346, May 27, 1992; People v. De Jesus, 205 SCRA 383, 389, January 24, 1992.

27 People v. De los Reyes 229 SCRA 439, 447, January 21, 1994; People v. Li Wai Cheung, 214 SCRA 504, 512-513, October 13, 1992; People v. Abelita, 210 SCRA 497, 502, June 26, 1992; People v. Carpio, 207 SCRA 569, 575, March 25, 1992; and People v. Atilano, 204 SCRA 278, 283-284, November 13, 1992; and People v. Lati, 184 SCRA 336, 343-344, April 17, 1990.

28 241 SCRA 67, 74, February 1, 1995, per Bellosillo, J. See also People v. Olivares, 186 SCRA 536, 544-545, June 14, 1990.

29 People v. Lua, 256 SCRA 539, 546, April 25, 1996; People v. Velasco, 252 SCRA 135, 142-143, January 23, 1996; People v. Gireng, 241 SCRA 11, 19, February 1, 1995; People v. Tranca, 235 SCRA 455, 463, August 17, 1994; People v. Bagares, 235 SCRA 30. 35, August 4, 1994; People v. De los Reyes, 229 SCRA 439, 449 January 21, 1994; People v. Sibug, 229 SCRA 489, 499, January 24, 1994; and People v. Rualo, 152 SCRA 635, 639, July 31, 1987.

30 Section 3, Rule 131, Rules of Court.

31 RTC Decision, p. 5; rollo, p. 30.

32 Ibid.

33 ibid.

34 Appellants Brief, p. 15; rollo, p. 89.

35 Exhibit 14; records, pp. 329-330.

36 Exhibit 17; records, p. 325.

37 Appellants Brief, p. 4; rollo, p. 78.

38 People v. Fortich, 281 SCRA 600, November 13, 1997; Philippine Home Assurance Corporation v. Court of Appeals, 257 SCRA 468, 479-480; People v. Cartuano Jr., 255 SCRA 403, 427, citing People v. Nguyen Dinh Nhan, 200 SCRA 292, 297 (1991).

39 People v. Parungao, 265 SCRA 140, 147-148, November 28, 1996; People v. Villaviray , 262 SCRA 13, 20, September 18, 1996; People v. Melosantos, 245 SCRA 569, 576, July 3, 1995; Baguio v. Court of Appeals, 226 SCRA 366, September 14, 1993; People v. Damaso, 212 SCRA 547, August 12, 1992; and People v. Nebreja, 203 SCRA 45, 58, October 17, 1991.

40 RTC Decision, p. 7; rollo, p. 22.




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