The petition lacks merit the arguments presented in

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The petition lacks merit. The arguments presented in the petition are purely factual. This is contrary to what is allowed by law when filing a petition under Rule 45 of the Rules of Court. [13] Nevertheless, this Court, upon review of the records of this case, finds that the trial court and the CA's findings of facts should be accorded respect. For a prosecution for illegal possession of a dangerous drug to prosper, it must be shown that (a) the accused was in possession of an item or an object identified to be a prohibited or regulated drug; (b) such possession is not authorized by law; and (c) the accused was freely and consciously aware of being in possession of the drug. [14] Based on the evidence presented by the prosecution, it was proven that all the elements for illegal possession of dangerous drugs are present in this case. PO3 Mario Flores, during the search in the house of petitioner, found six (6) sachets of marijuana and three (3) sachets of shabu , both classified as dangerous drugs under the pertinent law, on top of a padlocked cabinet underneath the stairs. Thus, PO3 Flores testified: Q: According to you, you were able to discover or find six (6) teabags of marijuana, where did you see these teabags? A: On top of their aparador , sir. Q: And where is that aparador situated? A: Underneath the stairs, sir. Q: And according to you also, you found three (3) plastic bags of shabu , where did you discover these three (3) plastic sachets? A: Also on top of the aparador , sir. Q: The same aparador where you discovered the six (6) teabags of marijuana ?
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 6 of 18 A: Yes, sir. [15] The above testimony was corroborated by SPO1 Rustico Basco, who said: Q: Upon entering the house, what did you do there? A: Because we were already allowed by Lilibeth David to conduct the search, we started doing so, sir. Q: By the way, who among your companions, or who among you in the group, actually entered the house? A: Myself, PO3 Mario Flores and PO1 Roger Paras, sir. COURT: Q: At the time, where was the Barangay Captain? A: He was then inside the house, you Honor, but he did not conduct the search. Q: Who personally, what part of the house did he search? A: I went upstairs, sir. Q: How about your companions Flores and Paras? A: PO3 Flores conducted the search downstairs, while PO1 Paras was with me, sir. COURT: Q: At the time when you were upstairs, where was Raul David? WITNESS: A: He was downstairs, your Honor, seated on the sofa beside Lilibeth. Q: How about the wife of Raul David? A: The wife was near the stairs, your Honor. Q: When you entered the elevated room, who were your companions? A: PO1 Roger Paras and Lilibeth David were the ones who went with me when I conducted the search upstairs since the room is only small.
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Illegal drug trade, petitioner

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