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Upttme @court: 3.R.Epubhc of
Upttme @court: 3.R.Epubhc of
FIRST DIVISION
Present:
GESMUNDO, CJ,
Chairperson,
- versus - HERNANDO,
ZALAMEDA,
ROSARIO, and
MARQUEZ,JJ
x--------------------------------------------------------------------
DECISION
HERNANDO, J.:
This Petition for Review on Certiorari 1 assails the October 14, 2019
Decision2 and the October 9, 2020 Resolution3 of the Court of Appeals (CA) in
CA-G.R. CR No. 42335, which affirmed the March 21, 2018 Decision4 of the
Regional Trial Court (RTC), Quezon City, Branch 215 finding petitioner Paulo
Castil y Alvero (petitioner) guilty beyond reasonable doubt of the crime of
Illegal Possession of Firearms under Section 28, paragraphs (a) and (e) of
Republic Act No. (RA) 10591, 5 otherwise known as the "Comprehensive
Firearms and Ammunition Regulation Act."
1
Rollo, pp. 11-34.
' Id. at 36-48. Penned by Associate Justice Eduardo B. Peralta, Jr., and concurred in by Associate Justices
Ramon M. Bato, Jr. and Ruben Reynaldo G. Roxas.
3
Id. at 50-52. Id.
4
Id. at 72-8 I. Penned by Presiding Judge Rafael G. Hipolito.
5
Entitled "AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF;" [COMPREHENSIVE FIREARMS AND AMMUNITION
REGULATION ACT]. Approved: May 29, 2013.
Oecfsidn 2 G.R. No. 253930
That on or about the 10th day of July, 2015, in Quezon City, Philippines,
the said accused, without any authority of law, did then and there willfully,
unlawfully and knowingly have in his possession and under his custody and
control one (1) Norinco cal. 9mm, loaded with five (5) live ammunitions,
without first having secured the necessary license/permit issued by the proper
authorities.
CONTRARY TO LAW. 7
The team, together with the CI, proceeded to the Certeza Compound. Upon
arrival, the CI received a phone call from Young instructing them to meet her
on Commonwealth Ave. corner San Simon St., Brgy. Holy Spirit. 13 Considering
that the place was under a different jurisdiction, the team dropped by the
Batasan Hills Police Station No. 6 to coordinate. 14
0 Records, p. 1. Petitioner was also separately charged with Illegal Sale of Dangerous Drugs under Section 5
of Republic Act No.9165, otherwise known as the Comprehensive Dangerous Drugs Act of2002 (see rol/o,
p. 41).
7
Id. Emphasis in the original.
8
Id. at 36.
9
Alias "Mommy."
" Rollo, p. 3 7.
II Id.
i2 Id.
is Id.
14
Id.
Decision 3 G.R. No. 253930
The team arrived at the new designated area and waited for Young to
arrive. 15 The CI received another phone call from Young instructing them to
meet her at the agreed-upon spot. 16
At around 12:00 a.m., a black Honda CRV arrived driven by Young and
accompanied by petitioner. 17 Then, the CI and PO 1 Rebustes were ordered to
board the back seat of the vehicle. 18
The back-up officers then arrived and helped POI Rebustes apprehend
petitioner. 25 PO 1 Rebustes conducted a body search on petitioner and recovered
from his waist a Norinco caliber 9mm gun with serial number 160447275
loaded with five pieces oflive ainmunition. 26 The search also yielded two small
27
heat-sealed transparent plastic sachets containing suspected shabu. The
vehicle was likewise searched and two small heat-sealed transparent plastic
sachets containing suspected shabu were recovered from the dashboard
drawer. 28
The police officers brought petitioner to the police station. POI Rebustes
marked the firearm with JPR/PC-10-07-15, and the ammunitions with JPR/PC-
2-10-07-15, JPR/PC-3-10-07-15, JPR/PC-4-10-07-15, JPR/PC-5-10-07-15,
15
Id.
16 Id.
17 Id.
18 Id.
19
Id. at 38.
20 Rollo, p. 38; TSN, October 27, 2015, pp. 13-14.
21 Rollo, p. 38.
22 Id.
23 Id. at 38, 75.
24 Id. at.38.
25 Id.
26 Rollo, p. 38; TSN, April 18, 20 I 6, p. 6.
27 Records, p. 9.
2s Id.
Decision 4 G.R. No. 253930
Meanwhile, the seized drugs from the body search as well as the object of
the illegal sale were marked and inventoried in the police station in the presence
of media representative Ed Mahilum. 32 The object of the illegal sale was marked
with JPR/ZY-10-07-15, while the two sachets from the body search were
marked with EF/PC-1-10-07-15 and EF/PC-2-10-07-15. 33 The two sachets
recovered from the vehicle were also marked with JM-1-10-07-15 and JM-2-
10-07-15.34
In its March 21, 2018 Decision,42 the RTC convicted petitioner for Illegal
Possession ofFireanns. Evidence show that petitioner was found in possession
of a fireann with live ammunition without the requisite Iicense. 43 Petitioner's
denial does not deserve credence as it lacks truth, and it cannot prevail over the
positive identification of a credible witness of the prosecution. 44
SO ORDERED. 45
In its October 14, 2019 Decision, 47 the CA denied the appeal and affirmed
petitioner's conviction. It ruled that petitioner's warrantless arrest is valid as he
was caught in the act ofillegal Sale ofDangerous Drugs. 48 Thus, the warrantless
49
search that followed is likewise valid for being pursuant to a valid arrest.
Further, the prosecution was able to prove the elements of Illegal Possession of
Firearms. POI Rebustes was able to positively identify petitioner as the person
in possession of the subject firearm. 50 The second element is proved in view of
petitioner's admission in court of his lack of license to possess a firearm and
non-application. 51 The CA also brushed aside the inconsistencies in the
52
testimony of POI Rebustes as too minor to affect credibility. Lastly,
SO ORDERED. 54
Parties' Arguments
In its Comment, 61 the Office of the Solicitor General (OSG) counters that
there was a legitimate buy-bust operation where petitioner was validly arrested,
resulting to the validity of the subsequent warrantless search. 62 The OSG also
posits that the elements of the crime charged were present. The second element
of lack of authority to possess was sufficiently established by petitioner's
judicial admission. 63
Issue
At the outset, it must be stressed that the subject of the appeal here is
petitioner's conviction for violation of Section 28, paragraphs (a) and (e) of RA
10591, and not his violation of RA 9165.
Our Ruling
The Petition has no merit. The Court affirms petitioner's conviction of the
crime of Illegal Possession of Firearms.
At the outset, the Court finds that petitioner's arrest and subsequent body
search are valid.
(b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person to
be aJTested has committed it; and
(c) When the person to be aJTested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.
xxxx
Decision 8 G.R. No. 253930
In order for a warrantless arrest under the first paragraph to be valid, two
requisites must concur: (a) the person to be arrested must execute an overt act
indicating that he has just committed, is actually committing, or is attempting
to commit a crime; and, (b) such overt act is done in the presence or within the
view of the arresting officer. 66 The Court held that in a buy-bust operation, "the
violator is caught in flagrante delicto and the police officers conducting the
same are not only authorized but also duty-bound to apprehend the violator[,]
and consequently search him [or her] for anything that may have been part of
or used in the commission of the crime." 67
Here, the Court sees no infirmity in the conduct of the buy-bust against
petitioner. There is no showing that petitioner was instigated to sell dangerous
drugs; on the contrary, the order to commence the transaction in fact came from
Young, and POl Rebustes and petitioner merely complied. 68 Further, there is
no textbook method of conducting buy-busts. 69 A prior surveillance is not
necessary, especially if the police officers are accompanied by an informant, 70
such as in the instant case.
Further, it is quite obvious that POl Rebustes, being the poseur-buyer, had
personal knowledge of the illegal sale of dangerous drugs between himself and
petitioner: POl Rebustes gave the marked money to petitioner, who in tum
handed him one heat-sealed plastic sachet of suspected shabu. 71 This is a
transgression of Section 5 of RA 9165 committed in the presence ofan officer.
Thus, petitioner was caught inflagrante delicto.
With petitioner's arrest being within the confines of the law, it follows that
the warrantless search performed on petitioner that yielded the subject firearm
is also valid. It is well-settled that one of the instances of a reasonable
warrant!ess search and seizure is a warrantless search incidental to a lawful
arrest. 72 The subject firearm and ammunition are therefore admissible in
evidence.
66 Damayov. People, G.R. No. 241275, February 15, 2022, citing Peoplev. Cogaed, 740 Phil. 212,238 (2014).
"7 People v. Cruz, 667 Phil. 420, 435 (2011 ). Citation omitted.
68
Rollo, p. 38. . .
69 People v. Jimenez, 842 Phil. 87, 98-99 (20 l 8), citing People v. Manlangit, 654 Phil. 427, 437 (20 I I)
,o Id.
71
Rollo, p. 38.
72 People v. Sapia, G.R. No. 244045, June 16, 2020.
Decision 9 G.R. No. 253930
Petitioner was charged with violation of Section 28, paragraphs (a) and (e)
of RA 10591, which reads:
ARTICLEV
Penal Provisions
(a) The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess a small arm;
xxxx
(e) The penalty of one (1) degree higher than that provided in paragraphs
(a) to (c) in this section shall be imposed upon any person who shall unlawfully
possess any firearm under any or combination of the following conditions:
xxxx
There is no dispute as regards the first element here. The prosecution was
able to identify in court the actual Norinco caliber 9mm firearm with serial
number 16047245 and the five live ammunition seized from petitioner through
the markings POI Rebustes placed. 74 POI Rebustes also positively identified
petitioner as the person in possession of the subject firearm. 75
The Court agrees with the CA. Petitioner's own judicial admission of his
lack of license to carry a fireann is sufficient to establish the second element of
the crime.
73
Lodovice v. People, G.R. No. 256508, November 23, 2021, citing Jacaban v. People, 756 Phil. 523,531
(2015).
74
TSN, April 18, 2016, pp. 6-10; TSN, May 30, 2016, pp. 9-10.
75
TSN, April 18, 2016, pp. 14-15.
Decision 10 G.R. No. 253930
Hence, as proof of the second element, the Court usually accepts the
presentation of a certification issued by the Fireanns and Explosives Office of
the PNP showing that the accused is not a licensed or registered holder of a
firearm, or the testimony to that effect of a representative therefrom. 76
without the negative certification from the PNP or the testimony from a
representative therefrom. 83 The important gauge still is that the judicial
admission must overcome reasonable doubt.
In the instant case, the Court holds that petitioner's judicial admission is
sufficient to establish the second element. Petitioner's statements during the
cross-examination show that, at the time of the commission of the offense, he
indeed is not a holder of a license to carry firearms, thus:
ACPMISON:
Q Mr. Witness you denied being the owner of Norinco 9MM loaded with 5
ammunitions?
A No, sir.
Q Considering that you don't own a gun, you do not have license to own a
gun?
A None, sir.
Q Eversince [sic] you did not apply for a license to own a gun?
A No, sir. 84
,, !d.
84 TSN, January 5, 2018, p. 10. Emphases supplied.
85 People v. ZZZ, G.R. No. 243933, June 21, 2021.
•
Decision 12 G.R. No. 253930
Considering the foregoing, the Court is convinced that the elements of the
crime of Illegal Possession of Firearms were sufficiently established.
Penalty
In this case, it is undisputed that the subject firearm is loaded with five
ammunition, thereby necessitating the aggravation of penalty.
The proper penalty therefore is eight (8) years, eight (8) months, and one
( 1) day of pr is ion mayor in its medium period, as minimum, and ten (10) years,
eight (8) months, and one (1) day ofprision mayor in its maximum period, as
maxnnum.
86 Entitled "AN ACT RliVISING TllE PENAL CODE AND OTHER PENAL LAWS." Approved: December 8, 1930.
" Cahulogan v. People, 828 Phil. 742, 751 (2018). See Act No. 4103, entitled "AN Acr TO PROVIDE AN
INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES IlY THE
COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE
FUNDS THEREFOR; AND FOR OTHER PURPOSES," sec. I. Approved: December 5, 1933.
Decision 13 G.R. No. 253930
SO ORDERED.
0
Associate Justice
WE CONCUR:
~
/,[:'l;::/h,-,~--------
ALJ,YXA~j.K G. GESMUNDO
~ v-;,hief Justice
Chairperson
RICA~OSARIO
Ass ciate Justice
£\~~~ ..
JO~IDASP. ARQUEZ
'J!.ssociate Justice
.·
CERTIFICA.TION
Pursuant to Section 13, Article VIII of the Constitution, I certify that the
conclusions in the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Court's Division.