Case Summary (G.R. No. 242889)
Issue
Whether the warrantless arrest, search, and seizure were lawful, and whether the convictions violate double jeopardy or lack proof of animus possidendi.
Ruling on Double Jeopardy and Animus Possidendi
The Court held that (1) there is no double jeopardy since the dismissed firearms possession case (Crim. Case No. 2132-19) involved a different offense from illegal possession of explosives (Crim. Case No. 2131-19) and the COMELEC gun-ban violation (Crim. Case No. 2133-19); and (2) animus possidendi is established by flight upon sighting police, the visibility of multiple weapons in the vehicle, and the implausibility of ignorance regarding their presence.
Warrantless Arrest under Section 5(b), Rule 113
The Court applied Section 5(b) (hot pursuit) rather than (a), finding that officers acted on personal knowledge of facts—Claveria’s report of bottle‐breaking (an alarm‐causing offense), immediate investigation, visual identification of the vehicle, the occupants’ flight, and interception at a checkpoint—all combining to create probable cause that an offense had just been committed.
Search and Seizure under Plain View Doctrine
Seizure in “plain view” was lawful where officers, already in a lawful position following a valid arrest, observed weapon parts under the second‐row seat upon opening the sliding door. The items were immediately recognizable as contraband without the need for a search warrant.
Search Incident to Lawful Arrest
As an incident to lawful arrest under Section 13, Rule 126, officers properly conducted a full inventory and search of the vehicle in the presence of senior police, barangay officials, media, and accused-appellants. The Toyota Previa was within the immediate control of the arrestees, and the search was contemporaneous with and justified by the valid warrantless arrest.
Penalties Imposed
• Crim. Case No. 2131-19 (Illegal Possessio
Case Syllabus (G.R. No. 242889)
Facts of the Case
- On May 28, 2013, at around 6:30 PM, gasoline station attendant Michael Claveria observed a silver gray Toyota Previa at North Metro Oil Gasoline Station in Pasuquin, Ilocos Norte.
- Approximately thirty minutes later, Claveria saw an occupant of the Previa break two bottles on the driver’s side, causing alarm among station personnel.
- Claveria reported the incident to the local police station; officers immediately proceeded to the gasoline station in a patrol car.
- Upon sighting the police, the occupants—identified later as Leng Haiyun, Dang Huiyin, Liu Wen Xion (a.k.a. “Liu Xin”), and Lei Guang Feng—fled northward in the Toyota Previa.
- Police Inspector Joseph Tayaban and colleagues pursued the vehicle and coordinated with a COMELEC checkpoint in Barangay Davila to intercept the fleeing vehicle.
- At the checkpoint, Inspector Tayaban approached the Previa, ordered the driver to lower the tinted window, and recognized four foreign nationals aboard; no passports or entry documents were produced.
- A call from “Candy” sought the release of the occupants, but Tayaban insisted they proceed to the police station, whereupon he boarded the Previa to prevent escape.
- Upon arrival at the station and as the accused alighted, officers in “plain view” saw multiple firearm barrels and butts under the second-row seats.
- With the assistance of Provincial Police and barangay officials, Police Chief Inspector Jay De Guzman conducted a thorough search of the Toyota Previa, uncovering:
- Eight live hand grenades (PRB 423), four explosive charges, four packs of alleged explosives, one improvised bomb and initiator/power supply
- Multiple high-powered firearms, including three MKE MP5KA4 submachine guns, various pistols (cal. 45 Commando, M1911-A1 variants, Glock 17, Seretta, Walther P99), silencers, magazines, and over one hundred rounds of ammunition
- Several vehicle plate numbers and a magnet plate
Procedural History
- Regional Trial Court (Branch 14, Laoag City) Decision dated July 30, 2015:
- Criminal Case No. 2131-19 (illegal possession of explosives under P.D. No. 1866, as amended): accused found guilty; sentenced to reclusion perpetua
- Criminal Case