Case Summary (G.R. No. 235749)
Key Dates
- March 28, 2014: Alleged possession of a .38 revolver with five live ammunitions
- September 24, 2015: RTC decision convicting petitioner
- May 31, 2017: CA decision affirming conviction
- October 27, 2017: CA resolution denying reconsideration
- June 19, 2019: Supreme Court decision
Places
- Baseco PNP Compound, Port Area, Manila (Ermita Police Station)
- Regional Trial Court, Manila, Branch 21
- Court of Appeals, Manila
- Supreme Court of the Philippines
Applicable Law
- 1987 Philippine Constitution, Article III, Sections 2 and 3(2) (search and seizure)
- Republic Act No. 10591, Section 28(a) in relation to Section 28(e-1) (unlicensed firearms possession)
- MMDA Regulation No. 96-009, Section 2(a) (prohibition against public urination; penalized by fine or community service only)
Facts
PO1 Peniano, together with two companions, observed Picardal allegedly urinating in public near Baseco market at around 8:00 PM. They invited him to the station for violation of MMDA Regulation No. 96-009. As Peniano attempted to handcuff Picardal, he tried to flee; Peniano seized his hand, frisked him, and recovered a rusty .38 revolver with five live rounds. Picardal was taken to the precinct, Mirandized, referred for medical exam, and the firearm turned over to P/Chief Insp. Santos. The next day, PO1 Peniano retrieved the items for marking, and a Firearms and Explosives Division (FED) certification confirmed that the weapon was a loose firearm and that Picardal held no license or permit.
Picardal denied the charge. He testified that he was buying viand when officers wrongfully accused him of urinating, seized his phone, and detained him overnight. He denied owning the gun and requested fingerprint comparison, which was refused. The separate public-urination case was dismissed by the Metropolitan Trial Court.
Ruling of the RTC
The RTC found the prosecution proved: (1) existence of the firearm; and (2) unlawful possession without license or permit. It rejected Picardal’s denial as self-serving and weak, convicted him under RA 10591, and imposed an indeterminate penalty of 8 years 1 day to 10 years 8 months 1 day of prision mayor.
Ruling of the Court of Appeals
The CA affirmed, relying on the officers’ uncontradicted testimony and the FED certification that Picardal was not a licensed firearms holder.
Issue
Whether the RTC and the CA erred in upholding a conviction based on evidence obtained from an unlawful search.
Supreme Court’s Analysis
Finality Rule and Exceptions
The SC acknowledges that CA factual findings are generally conclusive, subject to eleven recognized exceptions.Manifest Overlooking of Undisputed Facts (9th Exception)
The CA overlooked that:- The frisk and seizure stemmed from an alleged MMDA regulation violation (public urination).
- That regulation carries only a fine or community service, not imprisonment.
Hence, no lawful arrest ever occurred.
Search Incidental to Lawful Arrest
Under the Constitution (Art. III, Secs. 2 and 3[2]) and SC precedents (Luz v. People; Sindac v. People), a warrantless search is lawful only if inciden
Case Syllabus (G.R. No. 235749)
Procedural History
- The Regional Trial Court (RTC) of Manila, Branch 21 issued a Decision on September 24, 2015, convicting petitioner Ramon Picardal y Baluyot of Qualified Illegal Possession of Firearms under Sections 28(a) and 28(e-1) of RA 10591 and sentencing him to an indeterminate term of eight years and one day to ten years, eight months, and one day of prision mayor.
- The Court of Appeals (CA), in CA-G.R. CR No. 38123, affirmed the RTC Decision via its May 31, 2017 Decision and denied reconsideration through its October 27, 2017 Resolution.
- Petitioner filed before the Supreme Court a Petition for Review on Certiorari under Rule 45, challenging both the CA Decision and Resolution.
Facts
- On March 28, 2014, in Manila, police officers PO1 Mark Anthony Peniano, PO1 William Cristobal, and PO1 Rodrigo Co, while on beat patrol, encountered petitioner allegedly urinating in public near Baseco PNP Compound.
- Upon advising him of the prohibition against public urination, the officers attempted to handcuff petitioner; he tried to flee but was apprehended.
- During a frisk, PO1 Peniano recovered from petitioner’s waist a rusty .38 caliber revolver with wooden grip loaded with five live ammunition.
- Petitioner was brought to the police station, informed of his constitutional rights, underwent medical examination, and the firearm was turned over to P/Chief Insp. Santos for safekeeping. The next day, PO1 Peniano retrieved the weapon, had it marked by PO3 Navarro, and secured a certification from the PNP Firearms and Explosive Division confirming that petitioner had no lice