Name of Software: "In-depth Legal Research on Dangerous Drugs"
Creator: UtakPinoy.Com Software
Download Links:
RA-9165-Free-Version.zip
for Windows Operation System
How To Handle Defense in Drugs Cases
HOW TO HANDLE THE DEFENSE IN DRUGS CASES
(VIOLATION OF RA 9165)
Every criminal case starts with the constitutionally-protected presumption of the innocence in favor of the accused that can only be defeated by proof beyond reasonable doubt.
The prosecution starts the trial process by presenting evidence showing the presence of all the elements of the crime charged. It is axiomatic that the prosecution must prove its case beyond all cavil of doubt. If the prosecution proves all the elements of the crime, the burden of evidence shifts to the accused to disprove the prosecution’s case.
By and large, it is the duty of a defense counsel to show to the court that the prosecution failed to prove all the elements of a crime. The defense endeavors to create a doubt on the evidence adduced by the prosecution. The defense need to convince the court that the mind cannot rest easy upon the certainty of guilt and therefore the court has no recourse but to acquit the accused.
It may happen that after it rests its case, it is immediately discernible that the prosecution failed to prove all the elements of the crime charged. In this case, the constitutional presumption of innocence of the accused still prevails. The latter need not present evidence in his defense as he has no viable case to meet.
Republic Act 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, was enacted by Congress to safeguard its citizenry from the pernicious and harmful effects of dangerous drugs and to enhance the efforts of the authorities in combating the drug menace and the efficacy of the law
against dangerous drugs. Indeed the proliferation of dangerous drugs is one of today’s more serious social ills.
“Buy-bust operation” has been proven to be an effective way to arrest people engaged in illegal drug transaction. However, by the very nature of this narcotic operation, the use of shady confidential informants, the ease with which sachets of shabu of sticks of marijuana can be planted in the pockets or in the residences of unsuspecting individuals, the possibility of abuse is great. Accordingly, specific procedural safeguards have been laid down in the law for the police to strictly follow.
More often than not, violation of the drugs law, the prosecution relies heavily on the “presumption of regularity in the performance of duties” of police officers who always claim that they engage in legitimate police operations.
In this jurisdiction, the “presumption of regularity in the performance of duties of police officers” cannot prevail over the “constitutional presumption of innocence”.
How should a lawyer handle the defense of the accused for violation of the drugs law, is the topic of this lecture.
To help to succeed for your defense, UtakPinoy.Com software is highly recommended. It has the compilations of Supreme Court Decisions, Philippine Laws, Rules and Regulations and Other Important Documents.
It is highly recommended to download the software from UtakPinoy.Com.
(VIOLATION OF RA 9165)
Every criminal case starts with the constitutionally-protected presumption of the innocence in favor of the accused that can only be defeated by proof beyond reasonable doubt.
The prosecution starts the trial process by presenting evidence showing the presence of all the elements of the crime charged. It is axiomatic that the prosecution must prove its case beyond all cavil of doubt. If the prosecution proves all the elements of the crime, the burden of evidence shifts to the accused to disprove the prosecution’s case.
By and large, it is the duty of a defense counsel to show to the court that the prosecution failed to prove all the elements of a crime. The defense endeavors to create a doubt on the evidence adduced by the prosecution. The defense need to convince the court that the mind cannot rest easy upon the certainty of guilt and therefore the court has no recourse but to acquit the accused.
It may happen that after it rests its case, it is immediately discernible that the prosecution failed to prove all the elements of the crime charged. In this case, the constitutional presumption of innocence of the accused still prevails. The latter need not present evidence in his defense as he has no viable case to meet.
Republic Act 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, was enacted by Congress to safeguard its citizenry from the pernicious and harmful effects of dangerous drugs and to enhance the efforts of the authorities in combating the drug menace and the efficacy of the law
against dangerous drugs. Indeed the proliferation of dangerous drugs is one of today’s more serious social ills.
“Buy-bust operation” has been proven to be an effective way to arrest people engaged in illegal drug transaction. However, by the very nature of this narcotic operation, the use of shady confidential informants, the ease with which sachets of shabu of sticks of marijuana can be planted in the pockets or in the residences of unsuspecting individuals, the possibility of abuse is great. Accordingly, specific procedural safeguards have been laid down in the law for the police to strictly follow.
More often than not, violation of the drugs law, the prosecution relies heavily on the “presumption of regularity in the performance of duties” of police officers who always claim that they engage in legitimate police operations.
In this jurisdiction, the “presumption of regularity in the performance of duties of police officers” cannot prevail over the “constitutional presumption of innocence”.
How should a lawyer handle the defense of the accused for violation of the drugs law, is the topic of this lecture.
To help to succeed for your defense, UtakPinoy.Com software is highly recommended. It has the compilations of Supreme Court Decisions, Philippine Laws, Rules and Regulations and Other Important Documents.
It is highly recommended to download the software from UtakPinoy.Com.
People who are looking for lawyers may also find Pleader.Org to be a useful platform.
In hiring a lawyer, consider this, "The negligence of counsel binds the client, even mistakes in the application of procedural rules."
In hiring a lawyer, consider this, "The negligence of counsel binds the client, even mistakes in the application of procedural rules."
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Name of Software: "In-depth Legal Research on Dangerous Drugs" Creator: UtakPinoy.Com Software Download Links: RA-916... -
HOW TO HANDLE THE DEFENSE IN DRUGS CASES (VIOLATION OF RA 9165) Every criminal case starts with the constitutionally-protected presumpt...