Case Summary (G.R. No. 190569)
Factual Background
On August 6, 2008, Artillero and his officers responded to reports of gunfire in Barangay Lanjagan. Upon investigation, they encountered Aguillon, visibly drunk and carrying an M16 rifle without a Permit to Carry Firearm Outside Residence (PTCFOR). Aguillon presented a firearm license but failed to show evidence of the necessary permit to carry his firearm outside of his residence. The officers arrested Aguillon along with another individual, Paquito Panisales Jr., but released Paquito the same night after determining compliance with requirements for possessing a firearm.
Legal Proceedings
Artillero filed charges against Aguillon on August 12, 2008. Aguillon countered with an affidavit claiming his rights were violated during arrest. The Iloilo City Prosecutor ultimately dismissed the charges on grounds of insufficient evidence, a decision Artillero claims not to have received. The Ombudsman later upheld the dismissal, asserting that Aguillon lacked intent to commit a crime since he possessed a legal license for the firearm.
Due Process Claims
Artillero challenged the decision, alleging violation of his right to due process, claiming he was not provided copies of Aguillon’s counter-affidavit or the resolutions dismissing the case. He cited Section 3(c), Rule 112 of the Revised Rules on Criminal Procedure, which mandates that a respondent must provide the complainant with a counter-affidavit and relevant documents.
Responses of the Respondents
The Ombudsman and Prosecutor countered that Artillero was not deprived of due process since he had opportunities to address his concerns through a Motion for Reconsideration, which he had filed. They argued the procedural rights invoked by Artillero related to the investigation phase did not extend to the complainant.
Analysis of the Court
The Supreme Court emphasized that the right to due process, as defined in Article III, Section 14 of the 1987 Constitution, is primarily afforded to the accused, not the complainant. The Court noted that the preliminary investigation is a procedural mechanism to assess probable cause, and it does not equate to a full trial. The dismissal of Aguillon's case was determined not to be arbitrary, thus upholding the Ombudsman’s findings of no probable cause.
Legal Framework on Firearm Possession
The Court clarified the legal requirements surrounding the carrying of firearms, particularly for local government officials like barangay captains. Under the Local Government Code, a barangay captain is entitled to carry a firearm within their jurisdiction to perform peace and order functions, albeit subject to existing rules and regulations. However, the necessity of the firearm during the incident, whether Aguillon was performing his official duties, and th
...continue readingCase Syllabus (G.R. No. 190569)
Case Overview
- This case centers on a criminal charge filed by Private Inspector Ariel S. Artillero (petitioner) against Barangay Captain Edito Aguillon (respondent) for violating Presidential Decree No. 1866, as amended by Republic Act No. 8249.
- Petitioner serves as the Chief of Police of the Municipal Station of the Philippine National Police (PNP) in Ajuy, Iloilo.
Incident Background
- On August 6, 2008, at approximately 6:45 PM, the municipal police station received reports of gunfire in Barangay Lanjagan, Ajuy, Iloilo.
- Petitioner, along with Police Inspector Idel Hermoso and Senior Police Officer Arial Lanaque, proceeded to investigate.
- Upon arrival, they encountered Paquito Panisales, Jr., who was observed to be carrying a firearm and appearing intoxicated.
Discovery of Firearms
- Aguillon was found openly carrying a Caliber 5.56 M16 rifle, with the barrel occasionally touching the ground.
- Petitioner and Hermoso disarmed Aguillon, who was unable to present a Permit to Carry Firearm Outside of Residence (PTCFOR), although he showed his Firearm License Card.
- Aguillon, Paquito, and Aldan Padilla were arrested and taken to the Ajuy Municipal Police Station.
Detention and Release
- Paquito was released the same night after complying with firearm possession requirements.
- Aguillon was detained but released the following day after posting a cash bond of P80,000.
- The details of Padilla's release are not specified.
Procedural Developments
- On August 12, 2008, Petitioner and Hermoso executed a Joint Affidavit to support filing a case against Aguillon for illegal possession of a firearm.
- Aguillon submitted an Affidav