Title
People vs. Pangcatan y Dimao
Case
G.R. No. 245921
Decision Date
Oct 5, 2020
Accused acquitted of illegal possession charges due to unlawful search but convicted of murder based on credible eyewitness testimony.

Case Digest (G.R. No. 193914)
Expanded Legal Reasoning Model

Facts:

  • Background and Charges
    • Accused-appellant Abdillah Pangcatan y Dimao was charged with:
      • Illegal possession of explosives (hand grenade) under Section 1, Republic Act No. 9516 (Criminal Case No. 20344).
      • Illegal possession of firearm and ammunition (caliber .45 Norinco pistol with serial number BA02493, magazines, and ammunitions) under Section 28(e)(1) in relation to Section 28(a) of R.A. 10591 (Criminal Case No. 20345).
      • Murder of Richelle Anne Marabe Austero under Article 248 of the Revised Penal Code (Criminal Case No. 20346).
    • All incidents occurred in the City of Tagum, Davao del Norte, Philippines, on or about January 9–11, 2015.
  • Facts Surrounding the Murder
    • On January 9, 2015, Renante Cruz witnessed an incident approximately 30 meters from Boarders Inn, where he saw a male (later identified as Pangcatan) and female (Richelle) aboard a motorcycle fighting.
    • Richelle resisted the male’s attempt to control her, exclaimed “No, I will not!”, and fled towards the chapel.
    • The male blocked a tricycle Richelle hailed, pointed a gun (black caliber .45) at the driver, ordered Richelle to step out, and upon refusal, he shot her twice (stomach and jaw).
    • The assailant fled on a black Rouser motorcycle. Renante checked Richelle’s pulse and later identified Pangcatan as the assailant from photographs and a police lineup.
  • Arrest and Seizure
    • On January 11, 2015, Pangcatan was invited to the police station by PSI Anjanette Tirador and was subjected to a police lineup where Renante identified him as the shooter.
    • After identification, he was arrested without a warrant by PO3 Crisanto Quibrar and was body searched by PO3 Melven Parcon, who confiscated:
      • One hand grenade
      • One caliber .45 Norinco pistol, serial no. BA02493, loaded with 7 rounds in a leather magazine pouch belt
      • One olive green sling bag with four magazines each loaded with five rounds
      • Various other items (tactical magazine holster, bandage, vial with liquid, lighter, wallet)
    • Pangcatan failed to present any valid permit or license for the firearm, ammunition, or grenade.
    • Firearms and Explosives Office (PNP) certified that Pangcatan was not a licensed firearm holder; the pistol was registered to another person, Florante Gordolan y Olipas, with expired license since 2008.
  • Defense and Proceedings
    • Pangcatan denied all charges, claimed he was conducting intelligence work in Compostela Valley on January 9, 2015.
    • He claimed to have been invited by police and was searched only after being requested to remove his pistol from his waist during the lineup.
    • His Motion to Quash (alleging illegal warrantless arrest and suppression of evidence) was denied by the Regional Trial Court (RTC).
    • He pleaded not guilty to all charges and trial ensued.
  • Trial and Initial Judgments
    • RTC found Pangcatan guilty beyond reasonable doubt for all three offenses and sentenced him accordingly:
      • Illegal possession of explosives: Reclusion perpetua
      • Illegal possession of firearm and ammunition: Prision mayor for 10 years (applying the Indeterminate Sentence Law)
      • Murder: Reclusion perpetua plus damages (civil indemnity, exemplary, moral)
    • Court of Appeals (CA) affirmed RTC’s ruling with modification on the firearm possession penalty and increased damages for murder.
    • Pangcatan filed appeal raising issues on:
      • Appealability of denial of Motion to Quash
      • Illegal warrantless arrest and inadmissibility of evidence
      • Reliability and suggestiveness of the out-of-court identification
      • Insufficiency of identification in open court
    • The Solicitor General declined to file a supplemental brief to expedite resolution.

Issues:

  • Whether the issue of Pangcatan’s alleged illegal arrest and the admissibility of the evidence recovered is a proper subject in an automatic review.
  • Whether Pangcatan is guilty beyond reasonable doubt of Illegal Possession of Explosives under R.A. No. 9516.
  • Whether Pangcatan is guilty beyond reasonable doubt of Illegal Possession of Firearm and Ammunition under R.A. No. 10591.
  • Whether Pangcatan is guilty beyond reasonable doubt of Murder under Article 248 of the Revised Penal Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.