G.R. No. 252396 - Ridon vs. People

On August 2, 2013, in Makati City, Angelito Guevarra Ridon was charged with illegal possession of firearm and ammunition in violation of Republic Act No. 10591 (Comprehensive Firearms and Ammunition Regulation Act).
The Information alleged that Petitioner possessed one .38 caliber revolver without a serial number, loaded with six live ammunition, which he carried outside his residence without the necessary license or permit.

Police Officer III Sherwin Clete Limbauan (PO3 Limbauan), Bantay Bayan Manolito Crisolo Buesa (Bantay Bayan Buesa), and PO3 Harley Manguin Abuan (PO3 Abuan) testified at trial.
Around 3:30 a.m., police on patrol at Macopa Street saw Angelito driving a motorcycle and entering a one-way street prohibited for travel in that direction. PO3 Mike Lester Pacis (PO3 Pacis) ordered Angelito to stop, but Angelito made a U-turn and drove toward Lanzones Street.
Police and Bantay Bayan Buesa chased and cornered Angelito at Lanzones Street, where Angelito fell off his motorcycle. Upon standing, Angelito acted as if to draw something from his side, prompting Bantay Bayan Buesa to grab him.
PO3 Limbauan and PO3 Pacis drew their guns and ordered Angelito not to move. PO3 Pacis frisked Angelito and recovered a .38 caliber revolver without serial number, loaded with six rounds. Angelito was then arrested, informed of his constitutional rights, and brought to the precinct for processing.
The firearm and ammunition were marked and turned over to Special Police Officer II Rodrigo Igno (SPO2 Igno). PO3 Abuan confirmed receipt of the evidence during trial as the custodian.

Angelito denied possession of the firearm and claimed he saw it for the first time at the police station.
He narrated that police flagged him while he was turning at Lanzones Street, asked him to go to the station, punched him in the gut when he questioned why, and brought him to the hospital before the police station.
The police allegedly demanded PHP 15,000 from his wife, Olive D. Sabile, for Angelito’s release. Olive corroborated these events stating she was able to visit Angelito at the station and CIDG and was shown the firearm allegedly recovered. She testified she did not file a complaint out of fear.
Angelito executed an affidavit regarding the extortion but did not formally file a case against the police officers.

RTC Branch 58 convicted Angelito of illegal possession of firearm and ammunition, finding credible the prosecution's three witnesses' testimonies corroborating possession of an unlicensed .38 revolver with ammunition.
The RTC discarded Angelito’s defense of planted evidence due to lack of formal complaint and non-support of extortion claims.
Angelito was sentenced to prision mayor in its medium period (8 years and 1 day to 10 years).

The CA upheld the conviction, ruling the warrantless search was incidental to a lawful arrest based on probable cause arising from Angelito's violation of the one-way traffic rule, his fleeing, and his attempt to draw a weapon when cornered.
The CA modified the penalty because the firearm was loaded, imposing an indeterminate sentence of 8 years, 8 months and 1 day, to 10 years, 8 months and 1 day of prision mayor.

Angelito filed a Petition for Certiorari before the Supreme Court, arguing that there was no lawful in flagrante delicto arrest to justify the warrantless search.
He maintained that no crime or ordinance was violated that justified the initial chase and that the police did not see any firearm on him before searching.
The People opposed dismissal, contending that Angelito’s unusual behavior justified the arrest and search as supported by People v. Abriol.

Whether the warrantless search and seizure of the firearm and ammunition from Angelito was valid as incidental to a lawful arrest.
Whether the arrest of Angelito was lawful and in flagrante delicto.
Whether the stop, frisk, and search of Angelito complied with constitutional safeguards against unreasonable searches and seizures.
Whether the evidence should be excluded under the exclusionary rule due to illegality of arrest and search.