Case Summary (G.R. No. 215305)
Petitioner
Marcelo G. Saluday was accused of illegally possessing a high-powered firearm (.30-caliber carbine), a magazine with live ammunition, and a hand grenade found in a gray-black pack bag aboard a public bus.
Respondent
The People of the Philippines, represented by the Office of the Solicitor General, prosecuted under Presidential Decree No. 1866.
Key Dates
- May 5, 2009: Bus flagged down and bag seized at Ilang checkpoint, Davao City.
- May 7, 2009: City Prosecutor finds probable cause.
- May 8, 2009: Information filed for illegal possession under PD 1866.
- September 15, 2011: RTC conviction and sentencing.
- June 26, 2014: Court of Appeals decision affirming conviction with modifications.
- October 15, 2014: CA denies petitioner’s motion for reconsideration.
- April 3, 2018: Supreme Court decision under the 1987 Constitution.
Applicable Law
- Presidential Decree No. 1866 (illegal possession of firearms, ammunition and explosives).
- 1987 Philippine Constitution, Article III, Section 2 (protection against unreasonable searches and seizures).
Antecedent Facts
At a military checkpoint near Tefasco Wharf, Ilang, Davao City, SCAA Buco ordered male passengers to disembark and inspected Bus No. 66. He discovered a small pack bag that a conductor identified as belonging to petitioner and his brother. Petitioner consented to open the bag, revealing:
- An improvised .30-caliber carbine (Serial No. 64702).
- One magazine with three live rounds.
- A “cacao”-type hand grenade.
- A ten-inch hunting knife.
Unable to produce a license, petitioner was arrested, informed of his rights, and charged.
Trial Proceedings and Evidence
Prosecution
- NUP Tabura authenticated a certification confirming petitioner held no firearm licenses.
- SCAA Buco testified to the lawful checkpoint inspection, identification of petitioner, bag ownership admission, and contents.
Defense
- Petitioner denied ownership, attributing the bag to his late brother, but admitted telling Buco its contents were “only a cellphone” and consenting to its opening.
- Cross-examination revealed petitioner had not volunteered his brother’s ownership and remained silent when first questioned.
RTC Decision
The Regional Trial Court found petitioner’s denials self-serving and held him in actual or constructive possession of the seized items without a license. He was sentenced to:
- Prision mayor (minimum) and a ₱30,000 fine for illegal possession of a high-powered firearm and ammunition.
- Prision mayor (maximum) to reclusion temporal and a ₱50,000 fine for illegal possession of explosive.
Court of Appeals Ruling
The Court of Appeals dismissed the appeal and affirmed the conviction, with modifications:
- Illegal possession of firearm and ammunition: indeterminate sentence of 4 years, 8 months, 21 days to 7 years, 1 day plus ₱30,000 fine.
- Illegal possession of explosive: reclusion perpetua without parole eligibility plus ₱50,000 fine.
Issue
Whether the RTC and CA erred in appreciating the evidence and in admitting items seized during a warrantless search.
Supreme Court Ruling
- Rule 45 limits review to questions of law; factual findings affirmed by both lower courts are accorded finality.
- Elements of illegal possession under PD 1866—existence of the items, possession/ownership, lack of license—were proven beyond reasonable doubt.
- Section 2, Article III of the 1987 Constitution guards against “unreasonable” searches; reasonable searches fall outside its prohibition.
- Public-transport inspections involve diminished expectations of privacy. Citing jurisprudence (Katz v. United States; People v. Johnson; Dela Cruz v. People; Breis), the Court held that:
- Checkpoint bus inspections are akin to airport
Case Syllabus (G.R. No. 215305)
Antecedent Facts
- On May 5, 2009, Task Force Davao of the Philippine Army flagged down Davao Metro Shuttle Bus No. 66 at a checkpoint near Tefasco Wharf in Ilang, Davao City.
- SCAA Junbert M. Buco requested all male passengers to disembark and allowed female passengers to stay inside.
- Buco inspected personal effects and noticed a small gray-black pack bag on a rear seat that felt unusually heavy.
- Observing a male passenger in a white shirt (later identified as petitioner) repeatedly peep at the bag, Buco asked the bus conductor who owned it.
- The conductor pointed to petitioner and his brother as the rear-seat occupants. Buco invited petitioner back on board to open the bag.
- The bag’s contents included:
• An improvised .30-caliber carbine (Serial No. 64702)
• One magazine with three live rounds
• One “cacao”-type hand grenade
• A ten-inch hunting knife - Unable to produce a license for firearms or explosives, petitioner was arrested, informed of his rights, and brought for inquest before the City Prosecutor of Davao City.
- The City Prosecutor found probable cause on May 7, 2009, to charge petitioner under PD 1866 for illegal possession of a high-powered firearm, ammunition, and explosive.
Trial Proceedings
- Petitioner pleaded not guilty at arraignment.
- Prosecution presented two witnesses:
• NUP Daniel Tabura, Firearms and Explosives Division, PNP – testified via Certification that petitioner held no license or registration for any firearm.
• SCAA Buco – described the checkpoint search, identification of petitioner, and discovery of the seized items. - On cross-examination, Buco confirmed the checkpoint was conducted under memorandum authority, all male passengers had disembarked, and petitioner had admitted ownership of the bag before opening it.
- Defense presented petitioner as sole witness who:
• Denied ownership of the bag and claimed it belonged to his elder brother, Roger (deceased as of September 2009).
• Admitted he told Buco the bag contained only a cellphone and consented to its opening.
• Clarified he never volunteered his brother’s presence nor full identity during boarding. - Prosecution waived rebuttal; both parties filed memoranda thereafter.
Trial Court Decision
- The Regional Trial Court found petitioner’s denial self-serving and uncorroborated.
- Held that petitioner was in actual or constructive pos