Case Digest (G.R. No. 221991)
Facts:
In Peralta v. People, petitioner Joselito Peralta y Zareno was charged by Information dated November 20, 2008 under Section 1 of Presidential Decree No. 1866, as amended by Republic Act No. 8294, for illegal possession of a .45-caliber pistol (Serial No. 4517488) with a magazine containing five live ammunitions. The criminal complaint arose from a midnight police response on November 18, 2008 in Pantal District, Dagupan City, where Police Officers Carvajal, Lavarias, Arzadon, and Salonga saw Peralta walking with a firearm in plain view, alongside his companion Larry Calimlim who held a knife. Upon apprehension, the officers seized the pistol and live rounds from Peralta and brought both men for paraffin and gunpowder residue testing. Peralta denied ownership of the firearm, claiming a frame-up motivated by his brother’s dispute with local police. He further alleged that his admission of firearm possession was coerced and that paraffin test results were withheld. The Regional TriCase Digest (G.R. No. 221991)
Facts:
- Information and Charge
- An Information dated November 20, 2008 charged petitioner Joselito Peralta y Zareno with illegal possession of firearms and ammunition under Section 1 of PD 1866, as amended by RA 8294.
- The accusatory portion alleged that on November 18, 2008 at Dagupan City, Peralta possessed one (.45) caliber pistol (Serial No. 4517488) with magazine containing five live ammunitions without any license or authority.
- Prosecution’s Presentation
- At about 11:00 PM on November 18, 2008, PO3 Christian Carvajal and his team responded to a report of gunfire behind the PLDT Building in Pantal District, Dagupan City.
- Upon arrival they saw Peralta and companion Larry Calimlim walking; Peralta held a pistol and Calimlim a knife. The police recovered the pistol and magazine with live rounds from Peralta and a knife from Calimlim.
- The men underwent paraffin and gunpowder residue tests; the firearm and ammunition were endorsed to the duty investigator and subsequently marked and admitted in evidence.
- Defense
- Peralta denied possession of any firearm or discharging it, claiming he was on a motorcycle with Calimlim when flagged down by police.
- He argued it was impossible to carry a gun near the barangay hall and the residences of PO Salonga and a local media personality.
- He alleged he was forced to confess and was not given copies of the paraffin test results.
- He maintained that he and Calimlim were framed in retaliation for his brother’s failure to pay police “payola.”
- Trial Court and CA Rulings
- The Regional Trial Court (Decision July 31, 2012) found all elements proven: identity of Peralta as the person carrying the firearm and lack of license per Firearms and Explosives Office (FEO) Certification. It sentenced Peralta to 6 years and 1 day to 8 years prision mayor and a P30,000 fine.
- On appeal, the Court of Appeals (Decision May 29, 2015; Resolution December 8, 2015) affirmed in toto, ruling the warrantless arrest valid under the plain‐view/in flagrante delicto doctrine, rejecting the framing allegation, and deeming the paraffin test immaterial.
Issues:
- Whether the Court of Appeals correctly upheld Peralta’s conviction for Illegal Possession of Firearm and Ammunition under PD 1866, as amended.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)