Philippine Bar review · Question

Practice question: Repealed. See instead Comprehensive Dangerous Drugs Act of 2002 (RA 9165, Art. II, as amended by RA 10640; See also AM 18-03-16-SC)

Multiple Choice Hard

Practice question

Officers leave a seized sachet unmarked until a substantially delayed inventory. A required witness arrives late, and no justifiable ground for either delay is proved. The prosecution relies solely on a positive laboratory result and says it automatically cures the unexplained first-link problems. Under Nisperos, which answer is correct?
  1. The laboratory result conclusively cures every identity issue.
  2. The result alone does not cure the unjustified custody deviations; identity and integrity still require the legally sufficient showing.
  3. Every delayed inventory is valid without explanation.
  4. The accused must prove which substitute sachet was used before any custody doubt can matter.
  5. The seriousness of the charge dispenses with the saving clause.

Legal references

  • https://lawphil.net/statutes/repacts/ra2014/ra_10640_2014.html — RA10640 Section1 amending RA9165 Section21(1).
  • https://lawphil.net/judjuris/juri2022/nov2022/gr_250927_2022.html — Nisperos v. People, G.R.250927, November29 2022, MAIN en banc opinion and guidelines.

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