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PEOPLE OF THE PHILIPPINES VS AURE

The elements necessary for the prosecution of illegal possession of dangerous drugs are:

(1) The accused is in possession of an item or object which is identified to be a

prohibited drug;

(2) Such possession is not authorized by law; and

(3) The accused freely and consciously possessed the said drug.

In the instant case, a brown bag was found inside the car of accused-appellant Aure. It
yielded a plastic sachet of shabu wrapped in red wrapping paper, small plastic sachets, and an
improvised plastic tooter. Considering that during the sale to Bilason, it was from the same
bag that accused-appellant Austriaco took the sachet of shabu, per order of accused-appellant
Aure, the owner-possessor of said bag and its contents is no other than accused-appellant
Aure, who has not shown any proof that he was duly authorized by law to possess them or
any evidence to rebut his animus possidendi of the shabu found in his car during the buy-bust
operation.