Is it necessary for the informant to testify in court for someone to be convicted in a drug case?

There is no need to present the confidential informant (CI) since the testimony would merely corroborate the testimonies of those who actually witnessed the transaction.

However, if the CI is also the poseur-buyer, there is a need to present him/her.

To secure conviction in a drug case, the prosecution must prove the following elements:

(1) Proof that the transaction or sale took place;

(2) The presentation in court of the corpus delicti or the illicit drug as evidence. (People of the Philippines v. Dioscoro Comoso Turemutsa, G.R. No. 227497, April 10, 2019)

The Supreme Court decides: The power of the courts to commit prisoners carries with it the duty to immediately release them in case of detention for a period equivalent or longer than the maximum imposable penalty.

In this case, the records show that Jovelyn had served her sentence from November 24, 2011 up to the time this case was decided by the Supreme Court in 2023. In total, Jovelyn had been in prison for almost twelve (12) years – which is more than her maximum imposable penalty of ten (10) years and eight (8) months.

At this point, the Supreme Court reminds of the policy that detainees who have been imprisoned for a period equal to or longer than the maximum impassable penalty must be released. Otherwise, there would be a violation of the United Nations Standard Minimum Rules for the Treatment of Prisoners, popularly known as the “Nelson Mandela Rules.”

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391

Email us: [email protected] | [email protected]

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