Case Summary (G.R. No. 84857)
Procedural History
On January 27, 1987, an information was filed against the accused for illegal possession of firearms and explosives in violation of Presidential Decree No. 1866. The accused were arraigned on February 3, 1987, pleading not guilty initially but later substituting that with a plea of guilt, which they subsequently withdrew on March 19, 1987. Cresencio Reyes later pleaded guilty to a lesser offense and was utilized as a witness during the trial.
Factual Background
On December 9, 1986, the four accused surrendered to Kagawad Valeriano Rigor, claiming they wished to lead a new life and reporting the shooting of Kumander Tamang. They surrendered a short shotgun and a bag of dynamite to Rigor, who subsequently informed the police. Officers arrived to secure the area and documented the events. The bodies and firearms linked to their case were further recovered from a location pointed out by Reyes.
Arguments at Trial
The three remaining accused testified about their recruitment by Kumander Tamang into the New People's Army (NPA) and the events leading to their surrender. Notably, they claimed to be unaware of the illegal nature of the firearms and explosives, asserting that they intended to surrender them.
Trial Court’s Ruling
The Regional Trial Court convicted the accused based on the evidence presented, highlighting the surrender as insufficient to negate possession. The court underscored that, under PD No. 1866, mere possession of unlicensed firearms was sufficient for conviction, regardless of intent to surrender.
Appeal
Rodolfo dela Rosa appealed the decision, arguing that the trial court had erred in finding him guilty of illegal possession of firearms and explosives. He maintained that he did not possess the arms with criminal intent but had intended to surrender them.
Legal Analysis
In evaluating the appeal, the court focused on the essential elements of illegal possession defined under PD No. 1866: possession and lack of authority or license to possess a firearm. The appellant contended that his actions demonstrated a harmless and incidental possession intended solely for surrender. The central debate was whether there existed animus possidendi—an intention to possess—at the time of surrender.
Relevant Legal Principles
It was determined that for a conviction under the decree, the prosecution must prove that the accused possessed a firearm without the requisite license and with the intent to possess it. Previous jurisprudence established that transient possession intended for surrender did not amount to illegal possession. The c
...continue readingCase Syllabus (G.R. No. 84857)
Case Overview
- The case involves an appeal by Rodolfo Dela Rosa y Aviles against the decision of the Regional Trial Court, First Judicial Region, Branch 38, Lingayen, Pangasinan, which convicted him of illegal possession of firearms and explosives.
- The penalty imposed was reclusion perpetua.
- The case was decided on January 16, 1998, under G.R. No. 84857.
Facts of the Case
- On January 27, 1987, an information for illegal possession of firearms and explosives was filed against Rodolfo Dela Rosa y Aviles, Antonio Dela Rosa y Aviles, Cresencio Reyes y Dela Cruz, and Rodolfo Quimson y Nava.
- The accusation stated that on December 9, 1986, in Sitio Kadampat, Barangay Bolo, Pangasinan, the accused unlawfully possessed three homemade .12 gauge shotguns and fourteen pieces of dynamite without the necessary permits or licenses.
- All accused initially pleaded not guilty but later changed their plea to guilty on March 12, 1987.
- They sought to withdraw this plea shortly after, which was granted by the court on March 25, 1987.
- Cresencio Reyes eventually pleaded guilty to a lesser offense and testified against the other accused.
Surrender and Police Involvement
- On December 9, 1986, the accused surrendered to Kagawad Valeriano Rigor, claiming they wanted to lead a new life and informed him of the death of Benjamin Nano, alias Kumander Tamang, a member of the New People's Army (NPA).
- They presented a shotgun and a bag containing several sticks of dynamite to Kagawad Rigor, who subsequently reported their surrender to the police.
- Upon polic