G.R. No. 76728 - People vs. Cruz

The accused, Reynaldo Cruz alias Rene Hapon, was charged with Illegal Possession of Firearm and Ammunition.
The offense occurred on or about May 8, 1986, in Quezon City, Philippines.
The items involved were a .38 caliber revolver (paltik), a hand grenade, and a clutch bag containing these items.
The Regional Trial Court of Quezon City, in Criminal Case No. Q-45491, found the accused guilty and imposed reclusion perpetua (life imprisonment) along with the cost of the proceedings.

On May 9, 1986, Lt. Noel Manabat, accompanied by an eight-man CRIG team from Camp Bagong Diwa, Taguig, acted on intelligence regarding a stolen car to be sold in Magallanes, Makati.
The team nabbed carnap suspects Romeo Fernandez and Joey Flores at an intersection in Metro Manila and subsequently followed them to an apartment owned by the accused’s sister at No. 61 Mabituan Street, Masambong, Quezon City.
Inside the apartment, the team found the accused sleeping on the floor, along with his companions Herminio Rivera and Lolito Timcang.
Entry into the apartment was permitted by the owner (the accused’s sister), which allowed the police to initiate their search legally.

The items were found positioned under a bar approximately one meter away from the slumbering accused.
The accused, when confronted by PC Sgt. Reynaldo Cachuela along with the entire CRIG team, admitted ownership of the bag and its contents.
At headquarters, detailed incident reports and affidavits were taken, including testimony by Lt. Noel Manabat and Sgt. Reynaldo Cachuela, with further corroboration provided by carnap suspects and later by Sgt. Jesus Ordinario who recorded the accused’s statement (Exhibit A).
The Legal Research Branch of the Firearms and Explosives Unit confirmed that the accused did not hold a valid license to possess the .38 caliber revolver and that hand grenades were restricted to military personnel.

The accused contended that the bag containing the firearm and grenade was not his. He claimed it belonged to Joey Flores and was “planted” by police operatives.
He also alleged that his confession was extrajudicial and obtained under duress after being tortured by PC officers during his confinement at Camp Bicutan.
His defense was partially supported by corroborative statements from Romeo Fernandez and Dionisio Daracin, who affirmed that the bag in question belonged to Joey Flores.
Issues were raised regarding the conduct of the custodial investigation, particularly that his waiver of constitutional rights (to remain silent and to have counsel present) was not made with the assistance or presence of a lawyer.

Whether the extrajudicial confession obtained during the custodial investigation was admissible, considering the absence of counsel during the interrogation process.
The extent to which the procedural non-compliance in informing and assisting the accused of his rights affected the admissibility of his statement.

Whether the seizure of the firearm, ammunition, and hand grenade was lawful given that the entry into the apartment occurred with the consent of the owner.
Whether evidence gathered during a search conducted in the course of apprehending individuals for a different crime (carnapping) could be used to support the charge of illegal possession.

Whether the alleged possession, including both actual and constructive forms, was sufficiently demonstrated by the evidence.
How conflicting testimonies regarding ownership of the bag and its contents were reconciled to determine whether the accused had control and management over the contraband.