G.R. No. 156320 - Abenes y Gacutan vs. Court of Appeals

Rodolfo Abenes y Gacutan (Petitioner) was the accused in two criminal prosecutions: Criminal Case No. 4559-98 for Illegal Possession of High Powered Firearm and Ammunition under P.D. No. 1866, as amended by R.A. No. 8294; and Criminal Case No. 4563-98 for violation of Section 261(q) of B.P. Blg. 881 (Omnibus Election Code) vis-à-vis COMELEC Resolution No. 2958 (Gun Ban).
The respondents were The Hon. Court of Appeals and the People of the Philippines.

Criminal Case No. 4559-98 alleged that on May 8, 1998 at about 10:30 a.m., in Danlugan, Pagadian City, petitioner possessed one cal. .45 pistol (NORINCO) SN 906347, one magazine, and seven live rounds without any authority, license or permit, contrary to P.D. No. 1866.
Criminal Case No. 4563-98 alleged that on May 8, 1998 at about 10:30 a.m., during the election period, petitioner carried a cal. .45 (NORINCO) pistol SN 906347 loaded with seven live rounds without prior authority from the COMELEC, contrary to Section 261(q) of B.P. Blg. 881 in relation to COMELEC Resolution No. 2958.

Upon arraignment petitioner pleaded not guilty in both cases and trial proceeded.
After the prosecution rested, petitioner filed a Demurrer to Evidence with Motion to Dismiss, which the trial court denied by Resolution dated March 5, 1999.

The PNP Pagadian City, through Company Commander Major Pedronisto Quano, formed a seven-man team to establish and man a checkpoint in Barangay Danlugan to enforce the COMELEC gun ban; SPO3 Cipriano Q. Pascua was team leader; the team arrived at about 8:15 a.m. on May 8, 1998 and put up a roadblock marked "COMELEC GUN BAN."
Vehicles were stopped for routine inspection; at about 10:30 a.m. a red Tamaraw FX was stopped; occupants, including petitioner (a barangay chairman), alighted after a polite request; a holstered firearm was observed at petitioner's right waist, uncovered by his shirt.
SPO3 Pascua asked petitioner for a license or exemption; petitioner answered affirmatively but could not produce documents; SPO1 Requejo confiscated the firearm identified as a Norinco .45 cal. pistol SN 906347 with its magazine and seven live rounds.
Petitioner was brought to PNP Headquarters and referred for investigation; the Firearms and Explosives License Processing Section issued a certification dated May 18, 1998 stating petitioner was not a registered or licensed firearm holder, based on the witness's admittedly outdated records.

Petitioner testified and presented witnesses claiming the firearm did not belong to him; allegation that an unidentified person hitched a ride and left a clutch bag containing the pistol on the vehicle floor; witnesses included Noel Rivera and Manuel Sabado Gengania.
Trial court found the defense version implausible and rejected it as self-serving and uncorroborated.

On June 5, 2000 the Regional Trial Court, Branch 19, Pagadian City, convicted petitioner on both charges: for Illegal Possession under P.D. No. 1866 and for violation of Section 261(q) of B.P. Blg. 881, sentencing him to specified terms and fines and ordering forfeiture of the firearm and ammunition.
The RTC found the policemen credible, applied the plain view doctrine to admit the firearm, and held that petitioner failed to...(Subscriber-Only)

Whether, given the circumstances and evidence adduced, the checkpoint in Barangay Danlugan was validly established to enforce the COMELEC gun ban.

Whether petitioner's constitutional right against unlawful search and seizure was violated when he and his vehicle passengers were ordered to alight and the firearm was seized without a warrant.

Whether the Court of Appeals committed a grave abuse of discretion in adopting the RTC's findings of fact.

(Subscriber-Only)