Case Summary (G.R. No. 233209)
Key Dates
July 19, 2014 – Arrest of accused‐appellant in possession of a hand grenade and .25 caliber pistol replica
January 27, 2016 – RTC issues Joint Judgment convicting accused‐appellant of illegal possession of a hand grenade (RA 9516) and dismissing the pistol charge
April 6, 2017 – CA affirms RTC decision in CA-G.R. CR-HC No. 01501-MIN
March 11, 2019 – Supreme Court renders final decision
Applicable Law
1987 Philippine Constitution (warrantless arrest, due process, protection against unreasonable searches and seizures)
Republic Act No. 9516 (amending PD 1866 on illegal possession of explosives)
Republic Act No. 10591 (Comprehensive Firearms and Ammunition Regulation Act)
Revised Rules of Criminal Procedure, Rule 113, Section 5 (warrantless arrests)
Rules of Court, Rule 110, Section 14 (amendment of information)
Antecedents of the Case
Accused‐appellant was charged in two Informations: Crim. Case No. 2014-830 for unauthorized possession of an M61 fragmentation grenade with M204A2 fuse assembly and Crim. Case No. 2014-831 for possession of a .25 caliber pistol replica, both alleged to have occurred on July 19, 2014, near LBC Express, Pabayo-Chavez Streets, Cagayan de Oro City.
Prosecution’s Version of Events
Members of Task Force “Boy Solo” observed a man resembling a robbery suspect on CCTV drawing a gun as he approached an LBC branch. Officers pursued and arrested him near Ororama Superstore in Cogon after a foot chase. A search yielded a grenade, pistol replica, screwdriver, and suspected methamphetamine. The grenade was marked “RMI2,” turned over to PNP Explosive Ordnance Disposal (EOD) personnel, who certified it as an M61 fragmentation grenade with M204A2 fuse assembly.
Accused’s Version of Events
Accused‐appellant claimed two civilians in plain clothes forcefully handcuffed him as he rode a jeepney, brought him to Police Station 1-Divisoria, and later had evidence planted in his bag. He alleged coercion to admit possession of the grenade and replica pistol but offered no corroborating evidence.
RTC Proceedings and Ruling
Following a fire that destroyed initial records, the RTC re-arraigned the accused and admitted judicial affidavits. The prosecution obtained leave to amend the grenade’s fuse marking from “M204 X 2” to “M204 A 2.” On January 27, 2016, the RTC:
– Convicted accused‐appellant of illegal possession of a hand grenade, citing lawful in flagrante delicto arrest and weak defenses of denial and alibi
– Dismissed the pistol replica charge for a defective Information under RA 10591
Court of Appeals Decision
On April 6, 2017, the CA affirmed the grenade conviction, holding that:
– The warrantless arrest was valid under Section 5(a), Rule 113, as accused‐appellant was caught attempting to commit robbery by drawing a firearm
– The amendment of the Information was a clerical correction and did not prejudice the accused
– The chain of custody and testimonial sponsorship of the grenade were properly established
– Trial court’s credibility assessments merit deference
Issues Presented
- Legality of the warrantless arrest and admissibility of the seized grenade
- Validity of the Information’s amendment correcting the fuse assembly marking
- Integrity and identity of the corpus delicti (hand grenade) and whether any reasonable doubt arises
Supreme Court Ruling on Warrantless Arrest
Under the 1987 Constitution and Rule 113, Section 5(a), in flagrante delicto arrest requires:
- Overt act indicating commission or attempt of a crime (drawing a gun)
- Officer’s presence or view of that act
Here, police officers reasonably suspected robbery and lawfully arrested accused‐appellant, triggering a valid incidental search. His failure to timely challenge the arrest estopped him from contesting its legality on appeal.
Amendment of Information and Due Process
Rule 110, Section 14 permits amendment in form or substance before plea and formal amendment during trial if no prejudice results. The amendment
...continue readingCase Syllabus (G.R. No. 233209)
Facts and Antecedents
- On July 19, 2014 at around 1:30 P.M., Task Force “Boy Solo” officers PO2 Reggie M. Intud and PO2 Pablo B. Monilar, Jr. observed a man resembling a robbery suspect approach an LBC branch in Cagayan de Oro City.
- The suspect drew what appeared to be a firearm, fled upon noticing the police, and was pursued and arrested near Ororama Superstore after boarding a public jeepney.
- Upon arrest, officers recovered from the accused-appellant: a .25-caliber pistol replica, an M61 fragmentation grenade with an M204A2 fuse assembly, a flathead screwdriver, and a sachet of methamphetamine hydrochloride.
- The grenade was wrapped in masking tape marked “RMI2,” logged in the blotter, and transferred via the prosecutor’s office to the PNP Explosive Ordnance Disposal Team, which certified it as a live M61 fragmentation grenade.
- The accused had no license or permit for either the grenade or the pistol replica.
Prosecution’s Version
- Task Force “Boy Solo” was formed to apprehend a lone gunman linked to several robberies in the Pabayo-Chavez Streets area.
- CCTV footage identified “Boy Solo”; officers on discreet watch saw the suspect draw a gun before entry into the LBC branch.
- The overt act of drawing the firearm justified immediate pursuit and arrest in flagrante delicto.
- During the protective search incident to arrest, the grenade and other items were lawfully seized and later accounted for without break in custody.
Defense’s Version
- The accused claimed he boarded a jeepney for Tablon when two plainclothes men seized, handcuffed, and brought him to Police Station 1-Divisoria.
- He alleged the grenade and pistol replica were planted in his bag; a third party later produced them at the station.
- He maintained he resisted arrest, never drew a weapon, and only admitted possession under duress.
RTC Proceedings and Ruling
- A fire on January 30, 2015 destroyed original records; the accused was re-arraigned on April 27, 2015, and the prosecution refiled affidavits.
- The prosecution moved to amend Criminal Case No. 2014-830’s information to