Case Summary (G.R. No. 246081)
Facts of the Case
While on patrol, respondents flagged down petitioner for riding a motorcycle without a helmet. He produced an expired driver’s license, then displayed an identification card purporting him to be a police intelligence operative. Alarmed by inconsistencies, officers demanded that he open his belt bag, where they found a .45-caliber pistol (Serial No. M01130), one magazine, eight live .45 caliber rounds, and a folding knife. Petitioner presented a firearms license bearing another person’s name and mismatched serial number. He was arrested on the spot and the confiscated items were booked at the station.
Procedural History
Trial Court (RTC Branch 87, Quezon City) convicted petitioner for violation of RA 10591 § 28(a) and sentenced him to an indeterminate term of three years, one day to eight years’ imprisonment. The Court of Appeals affirmed with modification, increasing the penalty to eight years of prision mayor as minimum to nine years and four months as maximum. Petitioner filed a Petition for Review on Certiorari before the Supreme Court.
Issues Presented
- Whether petitioner’s warrantless arrest was valid under the Constitution and Rules of Court.
- Whether the search of petitioner’s bag was a lawful search incidental to arrest or an invalid stop-and-frisk.
- Whether the integrity and chain of custody of the seized firearm and ammunition were properly preserved.
Ruling on Validity of Arrest and Search
The Supreme Court held that:
• No evidence was presented to prove that petitioner was validly arrested for an arrestable traffic offense. The Motorcycle Helmet Act and traffic code violations are penalized by fine, not by imprisonment, hence do not justify arrest.
• The alleged “preventive patrol operation” lacked documentary support as required by PNP operational procedures.
• The purported identification card did not establish petitioner’s usurpation of authority; it was not formally offered or proven at trial.
• The search was conducted without valid consent or a lawful arrest. Under the 1987 Constitution, warrantless searches incidental to arrest require flgrante delicto and real exigency. A stop-and-frisk to prevent crime cannot be subsumed under a search incidental to arrest. Petitioner’s act of opening the bag did not constitute a knowing, intelligent waiver of his rights.
Therefore, the search violated petitioner’s right against unreasonable searches and seizures, rendering the seized items inadmissible.
Ruling on Integrity and Chain of Custody
Even assuming arguendo a valid arrest and search, the Court found that:
• The inventory of the seized items was performed belatedly at the station, not at the scene, without independent witnesses.
• The evidence was turned over to an investigating officer and later kept in PO3 Dimla’s personal locker, rather than in the custody of the designated evidence custodian.
• No proof was offered regarding the custodian’s attendance at police schooling to justify the deviation.
These lapses u
Case Syllabus (G.R. No. 246081)
Facts
- On November 16, 2013 at about 10:00 a.m., four Quezon City police officers flagged down petitioner Balicanta for driving a motorcycle without a helmet.
- Balicanta presented an expired driver’s license and then claimed to be a police intelligence operative, showing an identification card signed by “Superintendent Bernabe Mendoza.”
- Suspicious, the officers asked him to open his belt bag; inside they found a Firestorm .45 caliber pistol (SN M01130), one .45 caliber magazine, eight .45 caliber live ammunition rounds, and a fan knife.
- When asked for a firearm license, Balicanta produced one in the name of Mardito Baesa Garcia, which did not match the seized weapon’s serial number.
- The officers arrested Balicanta without a warrant and brought him to the station, turned over the items to the desk officer, who gave them to PO2 Bataanon for inventory, photography, marking, and preparation of a Joint Affidavit of Arrest and inquest referral.
- After inquest proceedings, the items were returned to PO3 Dimla, who stored them in his locker pending subpoena.
Procedural History
- The Regional Trial Court (Branch 87, Quezon City) convicted Balicanta of violating Section 28(a) of RA 10591 (illegal possession of firearms), sentencing him to an indeterminate term of 3 years 1 day to 8 years 1 day prision correccional/prision mayor.
- The RTC directed turnover of the firearm and ammunition to the PNP Firearms and Explosives Office under SC Circular No. 47-98.
- The Court of Appeals affirmed with modification, increasing the sentence to 8 years minimum to 9 years 4 months prision mayor, and denied Balicanta’s motion for reconsideration.
- Balicanta filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court, which called for comments, replies, and memoranda from both parties.
Issues
- Whether Balicanta’s warrantless arrest was valid.
- Whether the search and seizure that produced the firearm and ammunition complied with constitutional and statutory requirements.
- Whether the prosecution proved beyond reasonable doubt the elements of illegal possession of a firearm under RA 10591.
Petitioner’s Arguments
- The testimonies of arresting officers are inconsistent as to (a) petitioner’s alleged use of a fake ID and (b) whether he presented any license (expired or otherwise).
- No contemporaneous inventory of the seized items was made at the scene; marking and photography were belated and lacked inde