Case Summary (G.R. No. 143264)
Factual Background
On August 6, 2016, CIDG operatives effected a warrantless arrest of petitioner and his companion, Wilford Palma y Zarceno (“Michael Diamante”), during a purported sting at Atlas Shippers Office in Bacolod. Officers claimed they observed petitioner wearing a Glock 26 pistol (SN ELR043) and saw the same weapon and numerous firearm accessories inside a package shipped from the United States. They executed an Affidavit of Arrest before ASP Vito Cruz two days later, inventorying the seized items and charging petitioner with illegal possession and smuggling under RA 10591 and the Customs Code.
Inquest and DOJ Resolutions
ASP Vito Cruz conducted an inquest, ultimately issuing two resolutions:
• August 22, 2016 – Recommended filing of two Informations against petitioner for illegal possession of firearm (Section 28) and accessories (Section 28), and dismissed the case against Palma for lack of probable cause.
• September 13, 2016 – Recommended filing of two additional Informations against petitioner for arms smuggling (Section 33, RA 10591) and customs violations (Sections 101(a) & 3601, Customs Code).
First Informations for Illegal Possession
September 6, 2016 – MDT filed two separate Informations before RTC-Branch 46 (Criminal Case No. 16-43163) and RTC-Branch 50 (Criminal Case No. 16-43164) charging petitioner with:
- Illegal possession of Glock 26 pistol and ammunitions (Section 28, RA 10591) – bail set at ₱80,000.
- Illegal possession of Class-A light weapon parts (Section 28[h] amended to Section 28[b], RA 10591) – bail set at ₱120,000.
Motions to Quash and Trial Court Orders
Petitioner filed motions to quash the Informations and suppress evidence, arguing illegal, warrantless arrest and invalid inquest. On November 3 and 22, 2016, RTC-Branch 46 denied his motions but granted the prosecution’s motion to amend the Information. Petitioner was arraigned and a not guilty plea was entered on his behalf.
Subsequent Informations for Smuggling and Customs Violations
October 18, 2016 – Informations docketed as Criminal Case No. 16-43487 (Section 33, RA 10591) before RTC-Branch 54 and No. 16-43488 (Sections 101[a] & 3601, Customs Code) before RTC-Branch 42. RTC-Branch 42 later allowed withdrawal of Case No. 16-43488.
Omnibus Motion in Criminal Case No. 16-43487
October 21, 2016 – Petitioner filed an Omnibus Motion to consolidate cases, determine probable cause, defer or allow bail, quash Information, and suppress evidence. RTC-Branch 54 denied all relief on November 2, 2016, admitted an amended Information, and arraigned petitioner on November 16, 2016.
Court of Appeals Proceedings
Petitioner elevated two certiorari petitions to the Court of Appeals:
• CA-G.R. SP No. 10697 (challenging Orders of RTC-Branch 46)
• CA-G.R. SP No. 10873 (challenging Resolutions of RTC-Branch 54)
May 9, 2019 – The Court of Appeals consolidated and dismissed both petitions for lack of merit, ruling that the warrantless arrest was valid, the motions to quash were moot post-arraignment, and certiorari was improper.
Issues Presented
- Whether the petition is now moot or academic.
- Whether petitioner’s warrantless arrest and incident search were lawful.
- Whether the inquest and preliminary investigation complied with procedural requirements.
Supreme Court Ruling
- Not moot: Petitioner filed timely motions before arraignment and never validly waived objections.
- Arrest unlawful: Affidavit of Arrest contained irreconcilable accounts—same Glock 26 pis
Case Syllabus (G.R. No. 143264)
Facts and Antecedents
- On August 6, 2016, SPO4 Liberato S. Yorpo and SPO1 Jerome G. Jambaro of CIDG–Negros Occidental effected a warrantless arrest of petitioner Bryan Ta-ala y Constantino and Wilford Palma y Zarceno at the Atlas Shippers office in Bacolod City.
- The officers executed an Affidavit of Arrest on August 8, 2016 before ASP Michael A. Vito Cruz, recounting intelligence from US Homeland Security and Bureau of Customs regarding a package of firearms and accessories shipped from the USA.
- The affidavit narrates that petitioner drove up in a Toyota Hilux, claimed the package under the name “Michael Diamante,” opened it in the officers’ view, and was observed to have a Glock 26 9mm pistol (SN ELR043) tucked at his waist. The same serial-numbered pistol later appeared among items seized from the box.
- Recovered items included firearms and major parts: a Glock 26 pistol, magazines, live ammunition, upper receivers, barrels, trigger housings, rails, butt stocks, scope mounts, buffer springs, tool kits, and spare barrels.
Inquest Proceedings
- On August 8, 2016, P/Supt. Randy Glenn G. Silvio filed a Letter-Complaint with DOJ (NPS Docket No. XVI-INQ-16H-00110), charging petitioner and Palma with violations of RA 10591 (Unlawful Possession and Arms Smuggling).
- ASP Vito Cruz conducted inquest proceedings despite petitioner’s absence and family reluctance; Palma appeared with DOJAC-appointed counsel, executed counter-affidavits, and was recommended for dismissal and admission to the Witness Protection Program.
- On August 22, 2016, ASP Vito Cruz issued a resolution finding probable cause to file two separate informations against petitioner for illegal possession of firearms (Sec. 28, RA 10591) and firearm accessories.
DOJ Resolutions and Informations
- First DOJ Resolution (Aug. 22, 2016): Recommended two informations against petitioner under Sec. 28, RA 10591; dismissed charges against Palma.
- Second DOJ Resolution (Sept. 13, 2016): Found probable cause to indict petitioner for:
• Arms Smuggling (Sec. 33, RA 10591)
• Violations of Sec. 101(a) in relation to Sec. 3601, Tariff and Customs Code - Informations Filed:
• Criminal Case No. 16-43163 (RTC Branch 46): Illegal possession of a Glock 26 pistol and ammunition (Sec. 28).
• Criminal Case No. 16-43164 (Branch 50): Illegal possession of firearm accessories (later withdrawn).
• Criminal Case No. 16-43487