Title
Abenes y Gacutan vs. Court of Appeals
Case
G.R. No. 156320
Decision Date
Feb 14, 2007
Rodolfo Abenes acquitted of illegal firearm possession due to insufficient proof of lack of license but convicted for violating the election gun ban, with modified penalties and firearm confiscation.

Case Summary (G.R. No. 254875)

Procedural Posture and Charges

Petitioner was indicted in two cases: (1) Criminal Case No. 4559-98 for illegal possession of a high-powered firearm and ammunition in violation of P.D. No. 1866 (as amended); and (2) Criminal Case No. 4563-98 for an election offense under Section 261(q) of the Omnibus Election Code in relation to COMELEC’s gun ban. He pleaded not guilty, was tried in the Regional Trial Court (RTC) of Pagadian City (Branch 19), convicted on both counts, and sentenced. The Court of Appeals (CA) affirmed the convictions with modification to the penalty for the P.D. No. 1866 charge. The Supreme Court reviewed the CA decision.

Facts as Found by the Lower Courts

On May 8, 1998, a police team established a checkpoint in Barangay Danlugan to enforce the COMELEC gun ban three days before national and local elections. A red Tamaraw FX was stopped; its occupants, including petitioner, were asked to alight. Police observed a holstered .45 caliber Norinco pistol visibly tucked at petitioner’s right waist, uncovered by his shirt. Petitioner claimed to have a license/authority but could not produce one; police confiscated the firearm and seven live rounds, brought petitioner to the PNP headquarters, and a PNP firearms office certification (dated May 18, 1998) indicated no record of a license for petitioner. The defense claimed the firearm was found in a clutch bag allegedly left in the vehicle by an unidentified passenger; defense witnesses corroborated that a stranger had boarded and alighted, leaving a clutch bag.

Issues Presented on Review

I. Whether the checkpoint was validly established.
II. Whether petitioner’s constitutional right against unlawful search and seizure was violated.
III. Whether the CA committed grave abuse of discretion by adopting the trial court’s factual findings.
IV. Whether petitioner was entitled to acquittal due to reasonable doubt as to where the gun was taken (from the vehicle floor/clutch bag or from petitioner’s waist).

Lower Courts’ Findings on Credibility and Fact-Finding

The RTC credited the police officers’ positive and categorical testimony over petitioner’s denial and the defense account, finding the defense version implausible and uncorroborated. The RTC found the firearm was readily visible on petitioner’s waist and that petitioner failed to produce any license or permit. The CA agreed on the factual findings, upheld the checkpoint’s legitimacy, and applied the plain view doctrine to admit the firearm as evidence.

Supreme Court: Checkpoint Validity and Search-and-Seizure Analysis

The Supreme Court affirmed the lower courts’ factual findings regarding the checkpoint and seizure. Applying constitutional protection against unreasonable searches and seizures under the 1987 Constitution, the Court concluded that routine checkpoints established for enforcement of the COMELEC gun ban are permissible when conducted in a manner least intrusive to motorists and when law enforcement officers have a lawful basis to be in a position to view the area. The Court relied on precedent (including People v. Escala) to hold that the checkpoint, established in close proximity to election day for the explicit purpose of enforcing the gun ban, carried a strong indicium of legitimacy and that the police conduct (requesting occupants to alight and visually inspecting) did not violate constitutional rights.

Plain View Doctrine Application

The Court applied the plain view doctrine, identifying its three requisites: (a) the officer’s lawful position to view the area; (b) inadvertent discovery; and (c) immediate apparent incriminatory nature of the item. The Court found all requisites satisfied: police were lawfully at the checkpoint to enforce the gun ban; discovery of the holstered, uncovered firearm occurred when petitioner alighted and was inadvertent to any body search; and the weapon’s incriminatory character was immediately apparent. Thus, seizure without a warrant was lawful and the firearm admissible.

Burden of Proof Under P.D. No. 1866 (Illegal Possession of Firearm)

While the Court accepted seizure and possession in fact, it emphasized a distinct legal requirement for convictions under P.D. No. 1866: the prosecution must prove beyond reasonable doubt that the accused lacked authority or a license to possess the firearm. The Court identified deficiencies in the prosecution’s proof: the firearms office witness admitted that records were outdated (covering only up to 1994), that a certification was issued upon superior instruction, and that there was no evidence excluding the possibility that petitioner acquired a license between 1994 and the incident date (May 8, 1998). Because the prosecution failed to establish the negative element—absence of a license—beyond reasonable doubt, the Court reversed the conviction under P.D. No. 1866 and acquitted petitioner of illegal possession.

Burden of Proof Under the Omnibus Election Code and R.A. No. 7166

The Court distinguished the burden of proof under the Omnibus Election Code (as amended by R.A. No. 7166). Under Section 32 of R.A. No. 7166, bearing or carrying firearms in public places during the election period is prohibited even for licensed holders unless authorized in writing by COMELEC; issuance of firearm licenses is suspended during the election period. Thus, the statutory framework shifts the burden to the accused to prove exemption by presenting written COMELEC authorization. The Court held that even a valid firearms license does not excuse bearing a weapon i

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