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ELEMENTS of Some Crime
ELEMENTS of Some Crime
SALE
Under Republic Act 9165
In a prosecution for illegal sale of dangerous drugs, the following elements must be duly established:
(2) the presentation in court of the corpus delicti or the illicit drug as evidence;
(3) Laboratory examination confirmed that the white crystalline substance confiscated from the accused is
positive for methamphetamine hydrochloride.
POSSESSION
Under Republic Act 9165
On the other hand, a case of illegal possession of dangerous drugs will prosper if the following elements are
present:
(1) The accused is in possession of an item or object which is identified to be a prohibited drug;
(4) Laboratory examination confirmed that the white crystalline substance confiscated from the accused is
positive for methamphetamine hydrochloride.