Case Summary (G.R. No. 253090)
Facts and Circumstances of Arrest
On December 8, 2015, between 9:30 and 10:00 p.m., PO1 Caparas, PO1 Morta, and two other officers, while on patrol at a barangay fiesta, observed petitioner rushing toward a group of children and appearing to draw an object from his waist. Approaching him, they saw a .38-caliber revolver without a serial number tucked in his waistband. Upon inquiry, petitioner admitted having no license or permit to carry the firearm. He was immediately arrested, brought to the police station, apprised of his rights, and the revolver and five live ammunition were inventoried, marked with his initials (“BDC”), and eventually transmitted to the crime laboratory. A Firearms and Explosives Office (FEO) certification dated January 11, 2017 confirmed that petitioner was not a licensed firearm holder.
Procedural History
Regional Trial Court (RTC), Branch 31, Guimba, Nueva Ecija
• June 25, 2018 Decision: Convicted petitioner of Illegal Possession of Firearms and Ammunition (RA 10591, Sections 28(a) and 28(e)(1)); imposed indeterminate sentence of 6 years + 1 day to 8 years, 8 months + 1 day prision mayor.
Court of Appeals (CA)
• December 13, 2019 Decision: Affirmed conviction; modified penalty to 9 years to 11 years prision mayor.
• July 27, 2020 Resolution: Denied petitioner’s motion for reconsideration.
Supreme Court
• Petition for Review on Certiorari under Rule 45 filed by petitioner.
Issue Presented
Whether petitioner’s warrantless arrest and the incident search and seizure were valid, and whether the prosecution proved beyond reasonable doubt the elements of illegal possession of firearms and ammunition under RA 10591.
Waiver of Objection to Arrest
Under the 1987 Constitution and Supreme Court jurisprudence, any objection to a warrantless arrest must be raised before plea; failure to do so, coupled with active participation at trial, waives jurisdictional defects. Petitioner did not move to quash the Information, entered a plea, and participated in trial, thereby waiving his right to challenge the validity of the arrest—though not waiving issues on the admissibility of seized evidence.
Validity of Warrantless Search and Seizure
Article III, Section 2 mandates warrants for searches and seizures, subject to recognized exceptions. The “plain view” doctrine applies when:
(a) officers lawfully present;
(b) discovery is inadvertent;
(c) item’s incriminating character is immediately apparent.
Here, officers lawfully patrolled and responded to suspicious conduct; they inadvertently observed the revolver in petitioner’s waistband; its immediate incriminatory nature justified seizure without a warrant. The subsequent arrest and inventory were lawful, rendering the firearm and ammunition admissible.
Elements of the Offense Proven
Under Jacaban v. People, the offense requires (1) existence of a firearm and (2) lack of license by the possessor. Testimony of PO1 Caparas established physical recovery of a .38-caliber revolver and five live cartridges from petitioner. The FEO certification, though belated, conclusively showed that petitioner held no license. Ownership is not required; actual physical possession suffices. Petitioner’s denial without corroboration could not overcome the officers’ credible testimonies and absence of motive to fabricate.
Admission of Evidence
Even if the physical exhibits were not formally offered, their exis
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Facts
- On December 8, 2015 at around 9:30–10:00 p.m., petitioner Bobby Carbonel y Dreza a.k.a. "Edgar" was in Barangay Lennec, Guimba, Nueva Ecija, during a barangay fiesta.
- Police Officers Donn Carlo Caparas (PO1 Caparas), Ferdinand P. Morta (PO1 Morta), and two other officers were on patrol in a mobile car when they observed petitioner rushing toward a group of children and drawing something from his waist.
- Upon approach, the officers saw a .38-caliber revolver, marked “SMITH and WESSON” with no serial number, tucked at the right side of petitioner’s waist, loaded with five live ammunition.
- PO1 Caparas asked petitioner for a license or permit to carry the firearm; petitioner admitted he had none and was immediately arrested.
- The revolver, five live ammunition, and a black holster were confiscated and brought to the police station in Cabanatuan City.
- At the station, PO1 Caparas apprised petitioner of his rights, marked the revolver with “BDC” and the ammunition “BDC-1” to “BDC-5,” and prepared a combined sworn statement, inventory receipt, and requests for ballistic examination and FEO-PNP verification.
- Due to police vehicle repairs, the seized items were transmitted to the crime laboratory 16 days later.
- On January 11, 2017, the Firearms and Explosives Office of the Philippine National Police (FEO-PNP) issued a certification stating that petitioner was not a licensed or registered firearm holder.
Procedural Posture
- December 14, 2015: An Information was filed in RTC Guimba, Nueva Ecija, accusing petitioner of Illegal Possession of Firearms and Ammunition under Section 28(a) in relation to Section 28(e)(1) of RA 10591.
- June 25, 2018: RTC Branch 31 rendered a Decision finding petitioner guilty beyond reasonable doubt and sentenced him to an indeterminate term of 6 years and 1 day to 8 years, 8 months, and 1 day of prision mayor.
- Petitioner appealed to the Court of Appeals (CA; CA-G.R. CR No. 42087).
- December 13, 2019: CA Decision affirmed the conviction but modified the penalty to 9 years to 11 years of prision mayor.
- Petitioner moved for reconsideration; July 27, 2020: CA Resolution denied the motion.
- Petitioner filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court, challenging the CA rulings.
Issue Before the Supreme Court
- Whether the Court of Appeals correctly upheld petitioner’s conviction for Illegal Possession of Firearms and Ammunition, specifically as to:
• The validity of petitione