Case Digest (G.R. No. 265117)
Facts:
Antonio Abiang y Cabonce v. People of the Philippines, G.R. No. 265117, November 13, 2023, Supreme Court Second Division, Lazaro‑Javier, J., writing for the Court.Petitioner Antonio Abiang y Cabonce (petitioner) was charged by Information dated May 31, 2019 in Criminal Case No. 5305‑G with illegal possession of a firearm and ammunitions under Republic Act No. 10591. On arraignment he pleaded not guilty. The Information alleged that on or about May 31, 2019 in Brgy. Cabaducan East, Nampicuan, Nueva Ecija, petitioner possessed a .38 caliber revolver without serial number loaded with six live ammunitions and one live ammunition (reload).
The prosecution's theory began with a Search Warrant No. 033‑17‑FVV issued May 22, 2019 by Judge Frazierwin V. Viterbo, Regional Trial Court (RTC), Branch 33, Guimba, Nueva Ecija, authorizing search of petitioner’s house for possible violation of RA 10591. The Firearms and Explosives Office (FEO) issued an Initial Firearms Holder Verification Report (via email) dated May 21, 2019 and a Certification dated August 20, 2019 stating petitioner was not a licensed firearm holder. On May 31, 2019 at about 4:20 a.m., a police team led by Police Captain Rommel V. Balacuay implemented the warrant with searchers Police Master Sergeant Reyfegie A. Seguin and Police Corporal Noel D. Pader, accompanied by barangay witnesses Barangay Captain Arceo Papilla and Kagawad Edgar Butay. Police testified that PCpl. Pader found, inside a black basin in the bedroom, a sling bag containing a .38 revolver loaded with six live rounds, an additional live round, and four fired cartridge cases; petitioner was arrested, markings and inventory were made, photographs taken, and the items sent to the Nueva Ecija Police Crime Laboratory Office (NEPCLO).
Petitioner testified to denial and frame‑up: he claimed police forced entry, he requested the barangay captain be called, and when the barangay captain arrived the officers were already inside and taking photographs; he denied ownership and alleged possible planting of the firearm. The barangay captain testified he did not see the confiscation because the officers were already taking pictures when he arrived.
The RTC, Branch 33 (Presiding Judge Viterbo), by Judgment dated June 1, 2020, convicted petitioner of illegal possession under RA 10591, finding the firearm and ammunitions were discovered in petitioner’s house and that petitioner was not licensed as shown by the FEO Certification; petitioner was sentenced accordingly. By Decision dated October 29, 2021, the Court of Appeals (Eighth Division) affirmed with modification (CA‑G.R. CR No. 45029), holding the RTC had jurisdiction, that the Search Warrant was issued on probable cause (relying in part on the FEO certification and the judge’s purported examination of the complainant and witnesses), and that petitioner had waived objections by not filing a motion to quash or motion to suppress; the CA modified the sentence. The CA denied petitioner’s motion for reconsideration by Resolution dated January 5, 2023.
Petitioner filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the CA dispositions, arguing (a) the Information was issued wit...(Pro-only)
Issues:
- Did petitioner waive his right to challenge the validity of the Search Warrant by failing to file a motion to quash or to suppress?
- Was the Search Warrant valid (issued upon probable cause determined by the judge) and, if not, are the firearm and ammunitions admissible; may pet...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)