Case Digest (G.R. No. 142295)
Facts:
Vicente del Rosario y Nicolas v. People of the Philippines, G.R. No. 142295, May 31, 2001, Supreme Court First Division, Pardo, J., writing for the Court. On June 17, 1996, Assistant Provincial Prosecutor Eufracio S. Marquez filed an Information in the Regional Trial Court (RTC), Bulacan, Branch 20, Malolos, charging Vicente del Rosario y Nicolas (petitioner) with illegal possession of firearms under P.D. No. 1866, as amended by R.A. No. 8294 — alleging possession of a .45 pistol, a .22 revolver, assorted magazines and live ammunition without a license.Following arraignment (June 25, 1996), petitioner pleaded not guilty and trial ensued. The prosecution's narrative (as found by the Court of Appeals) began with a May 1996 report that petitioner possessed unlicensed firearms. P/Sr. Insp. Jerito Adique inquired with the PNP Firearms and Explosives Division (FEO); P/Sr. Insp. Edwin C. Roque issued a May 10, 1996 certification stating a “Vicente ‘Vic’ del Rosario” of Barangay Bigte was not a licensed holder. Relying on that certification, Adique secured a search warrant (issued June 13, 1996 by RTC Quezon City, Branch 217) and, on June 15, 1996, with barangay officials present, executed a search of petitioner’s residence in Barangay Tigbe, Norzagaray, Bulacan.
The search yielded a .45 pistol with five magazines and 27 rounds (master bedroom), five 5.56 magazines and two 2‑way radios (daughter’s room), and a .22 revolver with eight rounds (kitchen drawer). Inventories and an orderly-search certification were prepared and signed. Petitioner maintained he presented a valid license for the .45 pistol to P/Sr. Insp. Adique and claimed the other items were planted or illegally seized. He also challenged the manner of the search.
The RTC (July 2, 1998) convicted petitioner of illegal possession and sentenced him (and fined P15,000). Petitioner appealed to the Court of Appeals (docketed CA‑G.R. CR No. 22255). The Court of Appeals promulgated a decision on July 9, 1999 affirming with modification (imposing a different term of imprisonment and P30,000 fine). Petitioner moved for reconsideration (Aug. 10, 1999), arguing among other points that the FEO certification referred to a different Vicente del Rosario (Barangay Bigte) and that ...(Pro-only)
Issues:
- Did petitioner have a valid license for the .45 caliber Colt pistol seized from his bedroom?
- Were the .22 revolver, the 5.56 magazine, and the two 2‑way radios seized lawfully or were they planted/illeg...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)