Case Digest (G.R. No. 245921)
Facts:
People of the Philippines v. Abdillah Pangcatan y Dimao, G.R. No. 245921, November 14, 2022, Supreme Court Third Division, Carandang, J., writing for the Court. The criminal case arose from three Informations filed against accused-appellant Abdillah Pangcatan y Dimao: (1) Criminal Case No. 20344 — illegal possession of explosives (one hand grenade) in violation of Sec. 1, R.A. No. 9516 (alleged date Jan. 11, 2015, Tagum City); (2) Criminal Case No. 20345 — illegal possession of firearm and ammunition (a .45 Norinco pistol, magazines and rounds) in violation of Sec. 28(e)(1) in relation to Sec. 28(a), R.A. No. 10591 (same date/place); and (3) Criminal Case No. 20346 — murder under Art. 248, Revised Penal Code (Richelle Anne Marabe, shot Jan. 9, 2015 in Tagum City).On February 27, 2015 Pangcatan filed a Motion to Quash and to Suppress Evidence before the Regional Trial Court (RTC), alleging that his warrantless arrest on January 11, 2015 and the body search were illegal and deprived the court of jurisdiction. The RTC denied the motion in a Resolution dated April 24, 2015 and denied reconsideration on June 1, 2015. Pangcatan was arraigned June 8, 2015 and pleaded not guilty.
At trial the prosecution presented eyewitness Renante Cruz and several police witnesses who testified that Renante saw a male driver (described by clothing, build and a bandage on his knee) shoot Richelle; Renante identified Pangcatan from photo albums on the day of the shooting and again in a police lineup two days later. Police officers arrested Pangcatan at the station after the lineup and, following a body search, seized a .45 Norinco pistol (Serial No. BA02493), magazines, ammunition and a hand grenade. A Firearms and Explosives Division (FED) certification indicated Pangcatan was not a licensed firearm holder and that the subject pistol was registered to another person.
Pangcatan testified as the sole defense witness, claiming an alibi that he was on intelligence duty in Compostela Valley and denying prior invitation to the station; he also asserted that he relinquished his pistol at the station before being placed in a lineup. The RTC, in a Joint Decision dated August 13, 2016, found him guilty of all three offenses and imposed sentences (including reclusion perpetua for the grenade and murder counts). On appeal the Court of Appeals (CA) in a Decision dated June 21, 2018 af...(Subscriber-Only)
Issues:
- Is the question of Pangcatan’s alleged illegal arrest on January 11, 2015 and the admissibility of the evidence recovered from him a proper subject matter in an automatic review?
- Was Pangcatan guilty beyond reasonable doubt of illegal possession of explosives (hand grenade) under Sec. 1, R.A. No. 9516?
- Was Pangcatan guilty beyond reasonable doubt of illegal possession of a firearm and ammunition under Sec. 28(e)(1) in relation to Sec. 28(a), R.A. No. 10591?
- Was Pangcatan guilty beyond reasonable doubt of mu...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)