Case Digest (G.R. No. 164815) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On July 10, 1996 at around 9:30 a.m., SPO2 Antonio M. Disuanco and three other policemen of the Integrated National Police Central Station in Quezon City served an arrest warrant against Sr. Insp. Jerry C. Valeroso for kidnapping with ransom. After arresting him and reading his rights, they conducted a search of his person and found a Charter Arms .38 revolver (Serial No. 52315) with five live rounds tucked in his waist. Verification by Epifanio Deriquito of the PNP Firearms and Explosives Division at Camp Crame showed the gun was registered to Raul Palencia Salvatierra, not to petitioner. Accordingly, on July 15, 1996, Assistant City Prosecutor Gloria Victoria C. Yap filed information for illegal possession of firearm and ammunition under Presidential Decree No. 1866, as amended. Petitioner pleaded not guilty on October 9, 1996, and the trial proceeded. The prosecution presented Disuanco’s testimony on arrest and seizure and Deriquito’s certification of non-registration. The de Case Digest (G.R. No. 164815) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Arrest and Seizure
- On July 10, 1996, at about 9:30 a.m., SPO2 Antonio M. Disuanco received orders to serve an arrest warrant against Sr. Insp. Jerry C. Valeroso for kidnapping with ransom.
- After surveillance in Cavite, Caloocan, and Bulacan, the team intercepted Valeroso at the INP Central Station in Culiat, Quezon City.
- Officers arrested him, informed him of his rights, and upon body search found a Charter Arms .38 revolver (Serial No. 52315) with five live rounds.
- A Firearms and Explosives Division certification showed the revolver was registered to Raul P. Salvatierra, not to Valeroso.
- Valeroso was charged under P.D. No. 1866 (as amended) for illegal possession of firearm and ammunition; he pleaded not guilty.
- Trial Proceedings and Testimonies
- Prosecution presented SPO2 Disuanco (arresting officer) and Epifanio Deriquito (records verifier).
- Defense witnesses included Valeroso, SPO3 Agustin R. Timbol, Jr., and Adrian Yuson.
- Valeroso claimed the search was illegal (no search warrant), the gun was duly licensed (documents seized), and he was denied counsel and family visits.
- SPO3 Timbol testified he issued a Memorandum Receipt for the same firearm on July 1, 1993, upon verbal instructions of Col. Angelito Moreno.
- Yuson corroborated an unannounced entry by policemen, Valeroso’s seizure, and discovery of the firearm without warrant.
- Lower Court Dispositions
- RTC (May 6, 1998): Found Valeroso guilty; sentenced to prision correccional maximum (4 y 2 m 1 d to 6 y) and P15,000 fine; firearm confiscated. Motion denied.
- CA (May 4, 2004): Affirmed RTC decision with modification of penalty’s minimum term (4 y 2 m to 6 y). Reconsideration denied.
- Valeroso filed a petition for certiorari under Rule 45.
Issues:
- Whether there was proof beyond reasonable doubt of illegal possession.
- Whether the search and seizure were lawful and the evidence admissible.
- Whether the Memorandum Receipt issued to petitioner proves lawful possession.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)