Case Digest (G.R. No. 248529)
Facts:
People of the Philippines v. Mark Alvin Lacson y Marquesses, Noel Agpalo y Sacay, et al., G.R. No. 248529, April 19, 2023, Second Division, Leonen, SAJ., writing for the Court.The prosecution filed five separate informations charging Mark Alvin Lacson y Marquesses (Lacson), Noel Agpalo y Sacay (Agpalo), and Moises Dagdag y Corpuz (Dagdag) with illegal possession of explosives and firearms and with violating the 2013 election gun ban (Comelec Resolutions). Upon arraignment the three pleaded not guilty; pre-trial and trial followed in the Regional Trial Court (RTC), Branch 153, Pasig City.
At trial the prosecution presented police witnesses who testified that on the evening of October 7, 2013, members of the Taguig Police tactical motorcycle unit, while on patrol in response to a reported snatching along C‑5 Road, saw three “suspicious-looking” males (later identified as Lacson, Agpalo, Dagdag). The officers approached; the three attempted to run and were intercepted. During the encounter the police claimed to have frisked the suspects and recovered from Agpalo a paltik revolver with four live rounds and from Lacson a hand grenade; Dagdag was allegedly apprehended separately and a bladed weapon seized. The police arrested Lacson and Agpalo for lack of licenses/permits and brought the three to the station.
The accused testified in their own defense, denying ownership of the items and alleging they were not the persons being chased, that they complied with an order not to run, that they were later shown the recovered items and mauled, and that one officer used the accused’s phone to lure Agpalo to the police. No seizure receipts or some arresting officers’ testimony regarding Dagdag were adduced.
In a September 5, 2017 Decision the RTC convicted Lacson and Agpalo—sentencing Lacson to reclusion perpetua for unlawful possession of an explosive (PD 1866 as amended by RA 9516) and imposing additional penalties for the election ban violation, and sentencing Agpalo to prision mayor for unlawful possession of a small arm under RA 10591 (with an elevated penalty for being loaded) plus election‑ban penalties—and acquitted Dagdag for failure of proof. The items were ordered forfeited to the Firearms and Explosives Office.
Lacson and Agpalo appealed to the Court of Appeals (CA). The CA affirmed the RTC in a January 17, 2019 Decision, concluding the arrests were in flagrante delicto and tha...(Subscriber-Only)
Issues:
- Were accused‑appellants estopped from questioning the legality of their warrantless arrests for failing to raise the issue before arraignment?
- Were the warrantless searches and seizures that produced the hand grenade, firearm, and ammunition valid and thus admissible?
- If the searches and seizures were invalid, did the prosecution nevertheless prove Lacson and Agpalo’...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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