Case Digest (G.R. No. 142295)
Facts:
On June 17, 1996, Assistant Provincial Prosecutor Eufracio S. Marquez filed an Information in the Regional Trial Court (RTC), Branch 20, Malolos, Bulacan, charging Vicente del Rosario y Nicolas with violation of Presidential Decree No. 1866, as amended by Republic Act No. 8294, for illegal possession of firearms and ammunition. The Information alleged that on or about June 15, 1996, in Barangay Tigbe, Norzagaray, Bulacan, petitioner unlawfully possessed a .45-caliber pistol (Serial No. 70G23792) with five magazines and 27 live rounds, a .22-caliber revolver (Serial No. 48673) with eight rounds, five magazines for a .45 pistol, five short magazines for a 5.56 mm rifle, 20 rounds for a 5.56 mm rifle, and two two-way radios, without the required license. Upon receiving a report of unlicensed firearms, Philippine National Police (PNP) personnel secured a search warrant from Quezon City RTC, Branch 217, on June 13, 1996. On June 15, 1996, P/Sr. Insp. Jerito Adique led the service ofCase Digest (G.R. No. 142295)
Facts:
- Procedural History
- June 17, 1996 – Information filed in the Regional Trial Court (RTC), Bulacan, charging Vicente del Rosario y Nicolas with violation of P.D. No. 1866 (illegal possession of firearms).
- June 25, 1996 – Petitioner arraigned and pleaded not guilty; trial ensued.
- July 2, 1998 – RTC convicted petitioner; sentenced to 6 months of arresto mayor (minimum) to 6 years prision correccional (maximum) and a ₱15,000 fine.
- July 9, 1999 – Court of Appeals (CA) affirmed with modification (4 years, 9 months, 11 days prision correccional to 6 years, 8 months, 1 day prision mayor; ₱30,000 fine). Motion for reconsideration denied.
- April 24, 2000 – Petitioner elevated case to the Supreme Court via petition for certiorari.
- Underlying Events
- May 1996 – PNP Criminal Investigation Group received report that petitioner possessed unlicensed firearms; P/Sr. Insp. Edwin C. Roque of the Firearms and Explosives Division certified on May 10, 1996 that “Vicente ‘Vic’ del Rosario of Barangay Bigte” was not licensed.
- June 13, 1996 – RTC Quezon City, Branch 217 issued a search warrant for petitioner’s residence in Barangay Tigbe, Norzagaray, Bulacan.
- June 15, 1996 – P/Sr. Insp. Jerito Adique led police to execute the warrant. They found and seized:
- One .45‐caliber Colt pistol (SN 70G23792), five magazines and 27 live rounds.
- One .22‐caliber revolver (SN 48673) with 8 live rounds.
- Five magazines for 5.56 mm rifle and 20 live rounds.
- Two 2-way radios.
- Petitioner presented a computerized license for the .45 pistol issued July 13, 1993 (expired January 1995 but stamped extended until renewal) and a permit to carry until January 25, 1996; police refused to accept it. Petitioner claimed the other items were planted and that barangay officials were not present during the search.
Issues:
- License Validity
- Did petitioner hold a valid license for the .45‐caliber Colt pistol and its ammunition at the time of seizure?
- Seizure Legality
- Were the .22‐caliber revolver, 5.56 mm rifle magazine, and two 2-way radios illegally seized or planted, given that they were not described in the search warrant?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)