Case Summary (G.R. No. 191723)
Facts of the Case
Basilio Orobia was charged with illegal possession of a Garand rifle. Following a tip-off regarding the firearm’s possession, Sergeant Valdez and Corporal Dado, aided by the local barrio lieutenant, conducted a search of Orobia's residence. Initially, Orobia denied having any firearm but later admitted to having a Garand rifle hidden nearby. The weapon was retrieved from a hole, packaged in a sack, and identified with serial number 3569706. Orobia claimed that an American soldier had given him the rifle in 1945. Importantly, he did not possess a permit for the firearm.
Legal Proceedings and Defense
During the trial, Orobia did not take the stand to testify. His defense counsel presented a sworn statement from Orobia made five months post-seizure and two additional affidavits, one being a circular from the Constabulary and the other an affidavit from Celedonio Bon. However, these were not properly authenticated in court, and thus, the evidence was insufficient.
Appellant's Argument
Orobia's key argument rested on his purported entitlement to benefits under Proclamation No. 76, which provided amnesty to members of the Hukbalahap and the PKM. He also cited Circular No. 27 issued by the Secretary of Justice to enforce the said amnesty proclamation. However, he failed to fulfill the requirements outlined in the circular, particularly concerning the necessary certificate, and did not conclusively demonstrate his membership in the Hukbalahap or similar groups.
Court's Analysis
The court found that Orobia's compliance with the requirements of Circular No. 27 was lacking, primarily due to the absence of a required certificate to validate his claim of amnesty. Furthermore, the evidence presented—specifically his own affidavit and that of Celedonio Bon—was criticized for being hearsay and insufficiently identified. The court noted that Orobia had the opportunity to testify ab
...continue readingCase Syllabus (G.R. No. 191723)
Case Overview
- The case involves Basilio Orobia, who was accused of illegal possession of a Garand rifle.
- The trial took place in the Court of First Instance of Camarines Sur, where Orobia was found guilty.
- He was sentenced to imprisonment for five to seven years and ordered to pay costs.
- Orobia appealed the decision, asserting that the case involved only questions of law.
Incident Background
- Sergeant Bias Valdez and Corporal Eugenio Dado of the Constabulary were informed of Orobia's possession of a firearm.
- They visited Orobia’s residence in Bucao, barrio San Juan, municipality of Naga, Camarines Sur, to investigate.
- Upon arrival, they were assisted by the barrio lieutenant in their inquiry.
- Initially, Orobia denied possessing any firearms but later admitted to having a Garand rifle near his house.
Discovery of the Firearm
- Orobia led the officers to a location about five meters from his residence where the firearm was hidden in a hole.
- The officers recovered a Garand rifle, marked with serial number 3569706, Caliber .30, which became Exhibit A.
- Orobia claimed that an American soldier had given him the firearm in 1945.
- He did not assert any affiliation with the Huk organization or other subversive groups.
- Orobia lacked a pe