Case Digest (G.R. No. 131667)
Facts:
In Jesus Trinidad y Bersamin v. The People of the Philippines, petitioner Jesus Trinidad y Bersamin was charged by Information dated December 12, 2014 before the Regional Trial Court (RTC) of Pasig City, Branch 67, with two counts of Illegal Possession of Firearms and Ammunition in violation of Sections 28(a) and 28(e)(1), Article V of Republic Act No. 10591. The alleged incident occurred on November 14, 2014 at around 8:30 PM in Pasig City during a purported buy-bust operation conducted by Philippine National Police officers Randy S. Sanoy as poseur buyer and Rodrigo J. Nidoy, Jr. as backup. After the supposed sale, PO1 Nidoy arrested Trinidad, frisked him, and recovered from his person a .38-caliber revolver loaded with six live ammunitions. Officers also seized a .22-caliber rifle loaded with seven live ammunitions and two magazines found beside the gate of his house. Trinidad claimed the firearms were pawned to him and had no existing license or permit, a fact agreed upon byCase Digest (G.R. No. 131667)
Facts:
- Background of the case
- On November 14, 2014, members of the PNP–Pasig conducted a buy-bust operation targeting a certain “Jessie,” with PO1 Randy S. Sanoy as the poseur buyer and PO1 Rodrigo J. Nidoy, Jr. as back-up.
- After the alleged sale, respondent Trinidad was arrested, frisked, and found in his possession:
- One (1) .38-caliber Smith & Wesson revolver (S/N 833268 “RJN”) loaded with six (6) live .38 rounds;
- One (1) .22-caliber rifle loaded with seven (7) live rounds and two (2) magazines, recovered beside his house gate.
- Trinidad had no license or permit to possess firearms; he claimed the guns and ammunition were pawned to him.
- Procedural history
- December 12, 2014 – Information filed for two counts of Illegal Possession of Firearms and Ammunition (RA 10591, Sec. 28[a] in relation to Sec. 28[e][1]).
- During trial, Trinidad offered his acquittal in related drug cases (same incident) but the RTC admitted it only as part of his testimony.
- RTC Decision (Nov. 7, 2016) – Convicted Trinidad on both counts; imposed indeterminate sentence of 10 years, 8 months, 1 day to 11 years, 4 months per count. Held acquittal in drug cases immaterial.
- CA Decision (Jan. 25, 2018) – Affirmed conviction with modified sentence of 8 years, 1 day to 10 years, 8 months, 1 day per count; denied reconsideration (May 31, 2018).
- Trinidad filed a petition for review on certiorari before the Supreme Court.
Issues:
- Whether the Court of Appeals correctly upheld Trinidad’s conviction for Illegal Possession of Firearms and Ammunition under RA 10591.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)