Case Digest (G.R. No. 101799)
Facts:
In the case People of the Philippines vs. Rodel Velasco y Luzon (G.R. No. 231787, August 19, 2019), the accused-appellant, Rodel Velasco, was charged with illegal possession of explosives under Section 3 of Presidential Decree (P.D.) No. 1866, as amended by Republic Act (R.A.) No. 9516. The alleged incident occurred on March 20, 2012, in Quezon City when police officers conducting "OPLAN SITA," a form of checkpoint on G. Araneta Avenue, stopped a Daewoo Racer car driven by acquaintances of Velasco. Upon signaling the driver to stop, police noticed a firearm on a passenger named Roberto Alegre. After ordering the passengers to alight, PO3 Jason A. Taguba frisked Velasco and claimed to have found one MK-2 fragmentation hand grenade on him. Velasco and his companions were arrested and brought to the police station where an affidavit of arrest was executed. The grenade was examined by PO3 Robert F. Rodillas of the Explosives Ordinance Disposal Division who certified it as
...Case Digest (G.R. No. 101799)
Facts:
- Charge and Incident
- Accused-appellant Rodel Velasco was charged with violating Section 3 of Presidential Decree No. 1866, as amended by Republic Act No. 9516, on or about March 20, 2012, in Quezon City.
- The charge alleged that Velasco willfully, unlawfully, and knowingly possessed one MK-2 fragmentation hand grenade without the necessary license or permit.
- Prosecution Evidence
- Police Officers PO3 Jason A. Taguba and PO1 Romualdo C. Bacani, along with supervisor P/CINSP Joseph Garcia De Vera, conducted "OPLAN SITA" (checkpoint) at G. Araneta Avenue corner Maria Clara Street, Brgy. Sto. Domingo.
- They stopped a Daewoo Racer car without a front plate and ordered the three passengers to alight after seeing a gun tucked at passenger Roberto Alegre's waist.
- Upon frisking Velasco, PO3 Taguba found one MK-2 fragmentation hand grenade in his possession, leading to their arrest and bringing the group to La Loma Police Station.
- PO3 Robert F. Rodillas of the Explosives Ordinance Disposal Division examined the grenade and certified it as a live fragmentation grenade capable of exploding within a ten-meter radius.
- Defense Evidence
- Velasco stated that he was at his house in Malabon City when friends invited him to a birthday party in Blumentritt.
- While en route, a mobile police car stopped their vehicle; they were frisked and no grenade was found on Velasco.
- Velasco and another companion were brought to La Loma Police Station and only learned of the illegal possession charge during inquest proceedings.
- Trial Court Decision
- The Regional Trial Court (RTC) of Quezon City found Velasco guilty beyond reasonable doubt and sentenced him to reclusion perpetua.
- RTC's decision affirmed Velasco’s guilt based on the prosecution’s evidence establishing possession of the grenade.
- Court of Appeals (CA) Decision
- The CA affirmed the RTC's conviction and denied Velasco’s appeal, holding that the prosecution proved the elements of the crime beyond reasonable doubt.
- Final Appeal to the Supreme Court
- Velasco appealed to the Supreme Court challenging the validity of the conviction.
Issues:
- Whether the RTC and the CA erred in convicting accused-appellant Velasco of illegal possession of an explosive device under Section 3 of P.D. No. 1866, as amended by R.A. No. 9516.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)