G.R. No. 260973 - Togado vs. People

On May 28, 2014, a Regional Trial Court judge issued Search Warrant No. 14-948 against Benjamin Togado Y Pailan (Togado) for probable cause of having unlicensed firearms and ammunitions at his residence in Brgy. Buenavista, Magdalena, Laguna.

The warrant specified the items to be seized: a .45 caliber pistol, a 9mm pistol, a .38 revolver, and assorted ammunitions.
The warrant was issued after examination under oath of the applicant and witness, with an attached sketch of the premises.

On May 29, 2014, a police search team led by PO3 Arnel Bigata executed the warrant:

Police showed the Search Warrant to Togado, explaining its contents.
Barangay Kagawad Juan E. Esquibel arrived to witness the search.
Upon entering the house, Togado pointed to a .45 caliber pistol on a chair.
PO1 Mar San Luis inspected the firearm and noted the magazine had five live rounds.
The firearm and magazine were placed inside a ziplock plastic bag marked "MMS-01 5/29/14".
No other firearms were found; a Certification of Orderly Search was prepared and signed by the team leader and the barangay witness.
Photographs and inventory of the seized item were taken and signed by witnesses and seizing officers.
Togado was informed of his rights and was arrested.

Upon custody, the Firearms and Explosives Office of the PNP certified that Togado was not a registered firearms holder.

Information was filed charging Togado with illegal possession of firearms and ammunition under Section 28 of Republic Act No. 10591:

The firearm was identified as a .45 caliber pistol with Serial No. 738115, loaded with five live rounds and a magazine.

PO1 San Luis testified about the search and seizure, describing the firearm and how it was bagged and marked.
San Luis admitted placing the marking only on the ziplock plastic, not on the gun or magazine.
The plastic bag supposedly bearing the marking "MMS-01 5/29/14" was destroyed before the firearm was presented in court.
The firearm and magazine presented in court bore markings "Magdalena MPS" and "MAG MPS," different from the markings on the seized plastic.
San Luis could not confirm that the firearm presented in court was the same as seized.

The Regional Trial Court (RTC) convicted Togado, finding proof beyond reasonable doubt of illegal possession.

The Court of Appeals (CA) affirmed the conviction, citing jurisprudence that the firearm need not be physically presented if its existence can be proven by testimony.

The Search Warrant was invalid because no proof the judge personally examined the applicant and witness.
The firearm's integrity was compromised; evidence was inadmissible.
Certification by Firearms and Explosives Office only showed he was not a registered firearm holder, not that the seized firearm was not registered to him.

The Search Warrant was valid with sufficient particularity.
Testimony and documentation like Certification of Orderly Search, inventory, and photographs establish the firearm's existence.
Secondary evidence can establish existence if the firearm itself is not presented.

Whether the prosecution proved the elements of illegal possession of firearm beyond reasonable doubt, considering:

Whether the firearm must be physically presented in court for conviction under Republic Act No. 10591.

The applicability and necessity of the chain of custody rule for firearms evidence.