Case Digest (G.R. No. 136149-51)
Facts:
In People of the Philippines vs. Walpan Ladjaalam y Mihajil alias “Warpan” (G.R. Nos. 136149–51, September 19, 2000), the appellant was charged in the RTC of Zamboanga City for four crimes arising from a raid on his residence in Rio Hondo on September 24, 1997. Acting on a search warrant, over thirty policemen of the Anti-Vice/Narcotics Unit approached Warpan’s house. As they neared, occupants shouted “Police raid,” and Warpan allegedly opened fire with an unlicensed M-14 rifle and other firearms, aiming at officers preparing to serve the warrant. A brief gunfight ensued; Warpan jumped from a second-floor window and was later arrested. Police seized an M-14 rifle (Serial No. 1555225) with magazines and live rounds, an M-79 launcher, homemade .38 revolvers, M-16 magazines, fifty aluminum foils containing methamphetamine hydrochloride, and assorted coins. Forensic tests confirmed gunpowder residues on Warpan’s hands and on the firearms, and positive identification of shabu. The RTCase Digest (G.R. No. 136149-51)
Facts:
- Case Background
- On September 24, 1997, the Anti-Vice/Narcotics Unit of the Zamboanga City Police obtained Search Warrant No. 20 to search respondent Walpan Ladjaalam’s residence in Rio Hondo. After a briefing at around 1:45 p.m., over 30 officers proceeded to serve the warrant at about 2:30 p.m.
- As the first group of officers approached the main gate, they were met by a volley of gunfire from the second floor. Officer-in-charge SPO1 Mirasol, SPO1 Lacastesantos, PO3 Rivera, and others saw respondent firing an unlicensed M-14 rifle. Three civilians outside the fence were killed in the exchange.
- Respondent evaded capture briefly by jumping onto a neighbor’s roof but was subdued and arrested at the back of his house. Four Informations were filed on September 25, 1997, charging him with:
- Maintaining a den for the use of regulated drugs (RA 6425, Sec. 15-A, Art. III)
- Illegal possession of firearms and ammunition (PD 1866, as amended by RA 8294)
- Multiple attempted murder with direct assault (RPC Arts. 46, 48, 148)
- Illegal possession of drugs (RA 6425, Sec. 16, Art. III)
- Prosecution Evidence
- Police officers (SPO1 Mirasol, SPO1 Lacastesantos, PO3 Rivera, PO3 Dela Peña) testified to:
- Being fired upon within 5–10 meters of the gate and taking cover behind a concrete fence
- Entering the house after SPO2 Gaganting opened the gate and finding on the second floor an M-14 rifle (SN 1555225) on a sofa, three loaded M-14 magazines, and three empty M-16 magazines
- Informant Rino Locson testified he had bought and smoked methamphetamine (“shabu”) in respondent’s extension house shortly before the raid; officers then seized 50 foil packets containing 1.7426 g of shabu from a pencil case on a table.
- Forensic Chemist Diestro’s paraffin tests on respondent’s hands were positive for gunpowder nitrates. Firearms residue tests on September 26, 1997 confirmed recent firing of the M-14, two homemade .38 revolvers, and an M-79 grenade launcher. Drug analysis confirmed methamphetamine hydrochloride in the 50 foil packets.
- Defense Version
- Respondent claimed he was sleeping at a relative’s house when shots rang out and that he did not fire any weapon or own the seized firearms, ammunition, or drugs.
- He alleged the police planted the items to incriminate him and that he was arrested at the back of his house by unidentified persons without being shown a warrant.
- Neighbor witnesses recounted police firing indiscriminately, killing three people at the fence before presenting any warrant; they denied seeing drugs or firearms in respondent’s possession.
- Trial Court Proceedings
- RTC Branch 16 declared the search warrant void for covering multiple offenses (Rule 126, Sec. 3), but deemed the warrantless arrest and seizure lawful under Rule 113, Sec. 5(a) and the plain-view doctrine.
- The court convicted respondent of:
- Maintenance of a drug den — Reclusion perpetua and P500,000 fine
- Illegal possession of firearms — 6 years prision correccional to 8 years prision mayor, plus P30,000 fine
- Direct assault with multiple attempted homicide — 2 years 4 months to 6 years prision correccional, plus P1,000 fine
- He was acquitted of the separate illegal drug possession charge.
- Respondent appealed, assigning error to (a) the finding that he fired first, (b) denial of ocular inspection, and (c) rejection of his frame-up defense.
Issues:
- Did the trial court err in concluding respondent fired first at the police officers and in validating his arrest and the seizures?
- Did denial of respondent’s motion for ocular inspection of the crime scene violate his rights or prejudice his defense?
- Did the trial court improperly reject respondent’s defense of frame-up and presume regularity in police performance?
- Under RA 8294 (amending PD 1866), can respondent be convicted separately for illegal possession of a firearm when another crime (direct assault with attempted homicide) was committed?
Ruling:
- (Subscriber-Only)