Case Digest (G.R. No. 119220)
Facts:
On the evening of July 9, 1992, at around 9:00 PM, SPO3 Jose NiAo, together with CAFGU members Teofilo Llorad Jr. and Cecilio Cenining, conducted an intelligence patrol in Barangay Caulangohan, Caibiran, Biliran to verify reports of armed persons roaming nearby villages. From Caulangohan, they proceeded to Barangay Onion, where they encountered five intoxicated men led by accused-appellant Nilo Solayao, who was clad in a camouflage uniform. Upon sighting the patrol, Solayao’s companions immediately fled. Officer NiAo identified himself and ordered Solayao not to run; he then seized the dried coconut leaves carried by the latter and discovered a 49-inch homemade firearm known locally as a “latong.” When asked for a license or military authorization to carry the weapon, Solayao admitted he had none. The firearm was confiscated and Solayao was turned over to the Caibiran police, who charged him with illegal possession of firearm and ammunition under Section 1 of Presidential DecreeCase Digest (G.R. No. 119220)
Facts:
- Incident and Arrest
- On July 9, 1992 at about 9:00 p.m., SPO3 Jose NiAo with CAFGU members Teofilo Llorad, Jr. and Cecilio Cenining conducted an intelligence patrol in Biliran to verify reports of armed persons.
- At Barangay Onion, they encountered Nilo Solayao and four companions who appeared drunk; Solayao wore camouflage. His companions fled upon seeing the officers.
- SPO3 NiAo ordered Solayao not to run, identified himself as a peace officer, and seized dried coconut leaves Solayao carried. Wrapped inside was a 49-inch homemade firearm (“latong”). When asked, Solayao admitted having no permit or military affiliation.
- The firearm was confiscated and Solayao was turned over to local police, later charged under Presidential Decree No. 1866 for illegal possession of firearm and ammunition.
- Trial and Conviction
- Solayao’s defense claimed he received the coconut-leaf bundle from Hermogenes Cenining as a torch and was unaware it concealed a firearm; this was corroborated by Pedro Balano.
- On August 25, 1994, the Regional Trial Court convicted Solayao of illegal possession, finding no mitigating circumstances and one aggravating circumstance (nighttime), and sentenced him to reclusion perpetua.
- Solayao appealed, assigning errors regarding the admissibility of the firearm and the appreciation of nighttime as an aggravating circumstance.
Issues:
- Whether the trial court erred in admitting the seized homemade firearm as evidence, claiming it was the fruit of an unlawful warrantless search.
- Whether the trial court erred in regarding the nighttime circumstance as aggravating in imposing the maximum penalty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)