G.R. No. 97143 - People vs. Figueroa

Case Summary (G.R. No. 97143)

Factual Background

Arturo Figueroa was charged in an information with Illegal Possession of a firearm and ammunition, alleged to have occurred on November 10, 1989 at his residence in San Francisco Subdivision, Barangay San Juan, Municipality of General Trias, Province of Cavite. When arraigned, Arturo Figueroa pleaded "Not Guilty," and trial followed. The information specifically alleged possession of one .45 caliber pistol with defaced serial number, one magazine, and seven live ammunitions without a license or permit.

Arrest Warrant and Occasion for Entry

On the morning of November 10, 1989, at around seven o'clock, Captain Lodivino Rosario, Executive Officer of the 215th PC Company, and his men arrived at Arturo Figueroa’s residence to serve arrest warrants issued by the Regional Trial Court of Makati, Branch 56, in Criminal Case No. 411 and Criminal Case No. 412, the latter involving a violation of Section 16, Article III, of Republic Act 6425. The officers executed the arrest warrants at the accused's home.

Discovery, Search, and Seizure

While effecting the arrests, the officers observed aluminum foil packages strewn in the sala and suspected the presence of shabu. The arresting officers requested consent from Arturo Figueroa and members of his household to search the premises. The search produced a .45 caliber pistol with defaced serial number, a magazine, seven live ammunitions, and a matchbox containing an aluminum foil package with shabu. The seized items were inventoried by the PC team and the inventory was attested to by Barangay Captain Bigornia.

Trial Court Findings

The trial court found Arturo Figueroa guilty beyond reasonable doubt and sentenced him to reclusion perpetua, ordered costs, and ordered confiscation and forfeiture of the firearm and ammunitions in favor of the government. The trial court also ordered Captain Lodivino Rosario to return a motorcycle taken from the Figueroas’ house on November 10, 1989.

Issues on Appeal

On appeal, Arturo Figueroa challenged primarily the admissibility of the firearm and ammunitions on the ground that they were discovered and seized during a warrantless search and hence were unlawfully obtained. He also attacked the credibility of prosecution witnesses and asserted that he had been "framed-up."

Appellant’s Contentions at Trial and on Appeal

Arturo Figueroa argued that the search lacked a warrant and that the prosecution witnesses gave inconsistent accounts, specifically as to whether he was alone or with a companion at the time of arrest and the precise location where the firearm was found. He further claimed that the firearm had been planted and contended that such discrepancies and the allegation of fabrication warranted rejection of the prosecution’s evidence.

Prosecution’s Evidence and Response

The prosecution presented testimony of Captain Lodivino Rosario and other PC officers, including Sgt. Atas, who described the entry, the observation of foil packages, the request for consent to search, and the subsequent recovery of the pistol, magazine, ammunitions, and shabu. The prosecution relied on the inventory attested by Barangay Captain Bigornia and on the circumstances surrounding the lawful arrest to justify seizure of the items.

Legal Reasoning of the Court on Search and Seizure

The Court held that the firearm and ammunitions were not unlawfully obtained because the search and seizure occurred on the occasion of a lawful arrest and thus fell within the recognized exception to the warrant requirement for a search incident to a lawful arrest. The Court cited the exception articulated in Alvero vs. Dizon, 76 Phil. 637, and the extension of the rule in People vs. Musa, 217 SCRA 597, which permits a warrantless search incident to an arrest to extend beyond the person to premises or surrounding area under the arrested person's immediate control and allows seizure of objects in the officer's plain view.

Assessment of Witness Credibility and Inconsistencies

The Court addressed the alleged inconsistencies in prosecution testimony, noting that Sgt. Atas testified that Arturo Figueroa was with a companion and that the firearm was found under a bed cushion, while Captain Rosario testified that the accused was alone and that the gun was found under the bed. The Court deemed these discrepancies minor and explained that variations in perception among witnesses to the same event are neither unusual nor sufficient to discredit the core facts. The Court affirmed the trial court's evaluation of witness

Case Syllabus (G.R. No. 97143)

Parties and Procedural Posture

PEOPLE OF THE PHILIPPINES was the Plaintiff-Appellee in the prosecution of the case at trial and on appeal.
ARTURO FIGUEROA was the Accused-Appellant who was arraigned and pleaded not guilty to the information.
The information charged ARTURO FIGUEROA with Illegal Possession of the Firearm and Ammunition as described in the information filed by the Assistant City Prosecutor.
The case proceeded to trial in the Regional Trial Court, which rendered a decision convicting the accused, and the accused appealed to the Court in this record.

Key Factual Allegations

The information alleged that on November 10, 1989, at San Francisco Subdivision, Brgy. San Juan, Municipality of Gen. Trias, Province of Cavite, the accused had in his possession one .45 caliber pistol with defaced serial number, one magazine, and seven live ammunitions without the required permit or license.
Arresting officers of the 215th PC Company executed a warrant of arrest issued by the Regional Trial Court of Makati, Branch 56, in Criminal Case No. 411 and Criminal Case No. 412 at the residence of the accused on the morning of November 10, 1989.
The officers observed aluminum foil packages in the sala and, suspecting the presence of shabu, requested consent to search the premises from the accused and his household, and the search produced the pistol, magazine, seven live ammunitions, and a matchbox containing an aluminum foil package with shabu.
The accused denied ownership of the seized items when confronted at the scene, and an inventory of the seized items was made and attested to by Barangay Captain Bigornia.

Procedural History

The accused was arraigned and pleaded not guilty, and trial ensued in the trial court.
On October 30, 1990, the trial court rendered judgment finding the accused guilty beyond reasonable doubt and sentenced him to suffer reclusion perpetua and to pay the costs, and ordered the confiscation and forfeiture of the firearm and ammunitions to the government.
The trial court ordered return of the motorcycle bearing Motor Engine No. KIE 073574 to the accused, and the accused appealed the conviction to the Court.

Issues Presented

Whether the firearm and ammunitions seized during the entry into the accused's residence were admissible evidence despite the absence of a search warrant.
Whether the trial court erred in crediting the prosecution witnesses and in rejecting the accused's assertion that he was framed up.

Prosecution Evidence

The prosecution presented testimony of Capt. Lodivino Rosario and members of the 215th PC Company who executed the arrest and participated in the search and seizure on November 10, 1989.
The prosecution offered the seized .45 caliber pistol, the magazine, seven live ammunitions, and a matchbox containing an aluminum foil package with shabu as evidence and produced an inventory attested to by Barangay Captain Bigornia.
Prosecution witness Sgt. Atas testified to observations that included the accused being with a companion inside a room and that the firear