G.R. No. 253930 - Castil y Alvero vs. People

On July 10, 2015, the Regional Trial Court (RTC) of Quezon City, Branch 215, received an Information charging petitioner Paulo Castily Alvero with Illegal Possession of Firearms under Section 28(a) and (e) of Republic Act No. 10591 (RA 10591).
Upon arraignment, petitioner pleaded not guilty. He was separately charged with Illegal Sale of Dangerous Drugs under Sections 5 and 11 of RA 9165.

At around 10:00 p.m. on July 9, 2015, a confidential informant (CI) alerted Quezon City police to alleged drug sales by “Sandra Young” at a designated area.
A buy‐bust team was formed: PO1 John Paul Rebustes as poseur‐buyer, SPO1 Johnny Mahilum and PO1 Erwin Fegason as back‐ups; a marked P500 bill was furnished.

The CI and Rebustes met Young (driving a black Honda CRY with petitioner) at Commonwealth Ave. corner San Simon St.
Rebustes tendered the marked money; petitioner allegedly handed over one sachet of suspected shabu.
Upon revealing their identities, police attempted arrest; Young fled and escaped, petitioner wrestled with Rebustes and was eventually subdued.
A warrantless body search yielded a Norinco 9 mm pistol (serial No. 160447275) loaded with five live rounds and additional drug sachets; vehicle search recovered more sachets.
All items were marked, inventoried, and later tested positive for methamphetamine hydrochloride.

Firearm marked JPR/PC‐10‐07‐15; ammunition JPR/PC‐2‐10‐07‐15 through JPR/PC‐6‐10‐07‐15.
Drugs marked and inventoried in the presence of media and transmitted to the laboratory.

PO1 Rebustes positively identified the firearm and ammunition based on his markings.
During cross‐examination, petitioner admitted he had never applied for or obtained any license to possess a firearm.

Petitioner claimed he was summoned to assist a friend with a flat tire near the Commission on Audit building.
He alleged that unidentified persons then brought him to a police station without showing or recovering any firearm from him.

The RTC found petitioner guilty beyond reasonable doubt of Illegal Possession of Firearms, noting the positive testimony of PO1 Rebustes and the absence of any valid license.
Sentence imposed: prision mayor, minimum of 10 years + 1 day to maximum of 10 years 8 months + 1 day.

Court of Appeals Decision (October 14, 2019) and Resolution (October 9, 2020)

The warrantless arrest was valid as petitioner was caught in flagrante delicto for Illegal Sale of Dangerous Drugs.
The subsequent incidental search yielding the firearm was lawful.
The elements of Illegal Possession of Firearms were proven: physical possession and lack of license (judicial admission).

Petitioner’s Petition for Review on Certiorari challenged the validity of the warrantless arrest/search and the sufficiency of his judicial admission as proof of lack of license.
The Office of the Solicitor General argued for the legality of the buy‐bust operation and the sufficiency of judicial admission.
The Supreme Court resolved both points against petitioner, upholding his conviction and modifying the penalty.

Whether petitioner’s warrantless arrest and the subsequent search incident thereto were valid under the Rules of Court.
Whether the prosecution sufficiently proved the element of lack of license to possess a firearm without a negative PNP certification.