Case Summary (G.R. No. 260973)
Search Warrant Issuance and Execution
The Regional Trial Court (RTC) judge, Cynthia R. Marino Ricablanca, issued Search Warrant No. 14-948 based on the application from Police Officer 3 (PO3) Arnel P. Bigata and the testimony of witnesses, indicating probable cause that illegal firearms were present at Togado's residence. Upon execution of the search warrant by a police team led by PO3 Bigata, Togado directed them to a .45-caliber pistol placed on a chair, from which five live ammunition rounds were discovered in its magazine.
Evidence Collection and Documentation
During the search, the .45 caliber pistol and magazine were secured by placing them in a ziplock bag marked "MMS-01 5/29/14." The police team prepared a Certification of Orderly Search and an inventory of the seized items, which was signed by the officers and a Barangay Kagawad who witnessed the search. Togado was subsequently arrested, and a certification from the Philippine National Police confirmed he was not a licensed firearm holder.
Trial and Conviction
The prosecution presented evidence, including testimony from PO1 San Luis, who asserted that Togado pointed out the firearm during the search. However, during the trial, it became evident that the firearm displayed in court bore a different marking from the one noted during the seizure, casting doubt on its chain of custody. Despite Togado’s Demurrer to Evidence being denied, he opted to waive the right to present a defense, leading to the RTC's finding him guilty and imposing a sentence of imprisonment.
Appellate Proceedings
The Court of Appeals upheld the RTC's ruling, reasoning that the corpus delicti in illegal possession cases encompasses proving both the absence of a permit and the firearm's existence, without necessitating the actual firearm's presentation. This decision was based on precedents allowing for testimony to substitute the presentation of the physical weapon.
Key Legal Arguments on Appeal
Togado's appeal asserted that the search warrant was invalid due to allegations of a lack of thorough examination by the judge prior to its issuance, and claimed that the prosecution could not establish all the elements of the crime charged. His arguments were rooted in the failure to maintain the integrity of the seized firearm, emphasizing the procedural missteps and the significance of presenting the actual firearm as evidence.
Supreme Court's Ruling on Warrant and Evidence Admissibility
The Supreme Court found the search warrant valid, noting the sufficient specificity of the location and items to be searched. However, it ruled that Togado’s guilt was not proven beyond reasonable doubt due to substantial concerns regarding the preservation of the firearm's integrity. The testimony revealed a discrepancy in markings and tampering that weakened the prosecution’s case.
Chain of Custody and Presentation of E
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Facts of the Case
- On May 28, 2014, a Regional Trial Court judge issued Search Warrant No. 14-948 against Benjamin Togado for possession of unlicensed firearms and ammunitions.
- The search warrant specifically listed a .45 caliber pistol, 9mm pistol, .38 caliber revolver, and assorted ammunitions to be seized.
- Police officers executed the search warrant on May 29, 2014; Togado pointed out a .45 caliber pistol on top of a chair with a magazine loaded with 5 live ammunitions.
- The pistol and magazine were secured in a ziplock plastic marked "MMS-01 5/29/14".
- The rest of the premises were searched with no further firearms found.
- A Certification of Orderly Search was prepared and signed, photographs and inventory of seized items were made.
- At the police station, Togado claimed he used the firearm for barangay rounds.
- The Firearms and Explosives Office of PNP confirmed Togado was not a registered firearm holder.
- Togado was charged with violating Section 28 of Republic Act No. 10591 (illegal possession of firearms and ammunition).
Trial Proceedings and Evidence
- PO1 San Luis testified that the gun was found at the entrance on a chair and was loaded.
- The pistol and magazine were placed in a ziplock plastic bag upon confiscation with marking "MMS-01 5/29/14".
- Togado filed a demurrer to evidence which was denied.
- Defense waived presentation of evidence.
- The RTC convicted Togado beyond reasonable doubt, sentencing him to imprisonment and ordering confiscation of the firearm.
- The Court of Appeals affirmed the conviction, citing precedent that the firearm need not be presented as physical evidence as long as its existence is sufficiently established.
Petitioner's Arguments on Appeal
- The search warrant was allegedly invalid due to lack of proof that the judge personally and thoroughly examined the applicant and witnesses.
- Absence of proper markings on the firearm and tampering of the marked plastic wrapping raised doubts on integrity of evidence.
- The certification from the Firearms and Explosives Office did not explicitly state that the firearm was not licensed to Togado.
- The plastic bag with markings was destroyed before trial.
- The witness (PO1 San Luis) was uncertain whether the firearm presented in court was the same as that seized.
- Motion for reconsideration was denied by the Court of Appeals.
Issues to be Resolved
- Validity of Search Warrant No. 14-948.
- Whether the prosecution sufficiently proved petitioner’s guilt beyond reasonable doubt of violating Republic Act No. 10591.
Supreme Court Findings on the Search Warrant
- The Court upheld the validity of the search warrant.
- The warrant contained the name of the applicant and a witness was examined.
- PO1 Alcantara testified inquiry was made with Firearms and Explosives Office to verify registration.
- The warrant contained sufficient particularity in describing the place of search and items to be seized, with attached sketch map.
- No motion to quash the warrant was filed by the prosecution.
Consideration on Corpus Delicti and Presentation of Firearm
- Two elements for illegal possession of firearm: (a) existence of the subject firearm; and (b) accu