417 Phil. 506
1) The Order dated September 30, 1998, issued by Judge Adelardo S. Escoses, Branch 51, Regional Trial Court of Puerto Princesa City, in (a) CRIMINAL CASE NO. 14353 for Violation of Presidential Decree No. 1866, as amended; and in (b) CRIMINAL CASE NO. 14354 for Violation of COMELEC Resolution No. 3045 in relation to section 261 of the Omnibus Election Code; denying the petitioner's motions to quash the informations in the above cases; and
2) The Resolution dated November 20, 1998, issued by respondent judge, denying petitioner's motion for reconsideration of the said order.
The antecedents, as found by the Solicitor General, read:
"1. At about four o'clock in the morning of May 12, 1998, Police Superintendent Feliciano C. Dimayuga, Sr., the Chief of Police of Puerto Princesa City, together with his Deputy Chief of Police, Police Chief Inspector Miguel B. Oceo, and four other policemen, namely, Police Senior Inspector Leopoldo M. Pacaldo, PO3 Jose B. Eleazar, PO3 Joselito R. Golifardo, and PO3 Edwin A. Barona, who were manning a COMELEC checkpoint at Barangay Sta. Lourdes at Puerto Princesa City, were able to intercept two vehicles, specifically, a Tamaraw FX vehicle, with Plate Number SDT-389 and driven by petitioner Martin Pagaduan, and a Toyota Hi-Lux Vehicle which did not have a plate number and was driven by retired Colonel Romualdo Ragel of Barangay Tinguiban, Puerto Princesa City.
"2. Several firearms, with live ammunition, were seen and found in plain view inside the Toyota Hi-Lux Vehicle. Also seen in plain view were several firearms, with live ammunition, carried by petitioners and by the other passengers of said intercepted vehicle. Police Superintendent Dimayuga inquired from petitioners if they had the required licenses and the proper COMELEC authority for the firearms found in their possession and custody but petitioners could not produce any. Said firearms, together with live ammunition, were thus taken by the police and the corresponding receipts issued therefor."
"CRIMINAL CASE NO. 14353
"That on or about the 12th day of May, 1998, more or less 4:00 o'clock (sic) in the morning, at Bgy. Sta. Lourdes, Puerto Princesa City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together, did then and there wilfully, unlawfully and feloniously have in their possession, custody, and control, the following firearms and ammunitions, to wit:
`1) One (1) piece Uzi Machine Pistol with Serial No. SN-70102 with Three (3) magazines loaded with Sixty Five (65) live ammunitions
`2) One (1) piece Para-Ordinance Caliber .45 Pistol with Serial No. 451529 with Ten (10) live ammunitions in Magazine
`3) One (1) piece Colt Mark IV Gold Cup .45 Pistol with Serial No. 369470 with Six (6) live ammunitions in Magazine
`4) One (1) piece Norinco .45 Caliber Pistol with Serial No. 704800 with Seven (7) live ammunitions in Magazine
`5) One (1) piece .45 Caliber Pistol with Serial No. 957202 (w/o brand name) with Five (5) live ammunitions in Magazine
`6) One (1) piece .357 Magnum Revolver Smith and Wesson with Serial No. SN-AJS-7876 with Twenty (20) live ammos
`7) One (1) piece M16 Baby Armalite Rifle with Serial Number SN 145710
`8) Ten (10) pieces M16 magazines loaded with 262 rounds of live ammunitions, without first securing the necessary permits/licenses to possess the same from the proper authorities concerned.'
"CONTRARY TO LAW."
"CRIMINAL CASE NO. 14354
"That on or about the 12th day of May, 1998, more or less 4:00 o'clock in the morning, at Bgy. Sta. Lourdes, City of Puerto Princesa, Philippines, and within the jurisdiction of this Honorable Court, the said accused, conspiring and confederating together did then and there wilfully, unlawfully and feloniously have in their possession, custody and control during election period the following firearms and ammunitions, to wit:
`1. One (1) pc. UZI Machine Pistol with SN 70102
`2. Three (3) pcs. UZI magazine
`3. Sixty Five (65) pcs. UZI live ammos.
`4. One (1) pc. 45 cal. Pistol with five (5) live ammos. in magazine
`5. One (1) pc. COLT MARK IV .45 cal. Pistol SN 369470 with six (6) live ammos. in magazine
`6. One (1) pc. NORINCO .45 caliber pistol SN 704800 with seven (7) live ammos. in magazine
`7. One (1) pc. .45 cal. Pistol SN 451529 with ten (10) live ammos. in magazine
`8. One (1) pc. .357 Magnum revolver SN-AJS-7876 with twenty (20) live ammos.
`9. One (1) pc. M16A1 Baby Armalite Rifle with SN-145710
`10. Ten (10) pcs. Magazine for M16 Rifle
'11. Two Hundred Sixty Two (262) pc. Live ammos. for M16 Rifle.'
without first securing the written permit from the COMELEC to possess the same, which act is in violation of COMELEC Resolution No. 3064 in relation to Section 261 of the Omnibus Election Code.
CONTRARY TO LAW."
"WHEREFORE, premised on the foregoing jurisprudential tenets and rational application thereof to the facts of the instant case, the motion to quash the above-entitled cases is hereby denied. Let the accused be arraigned on the two Informations at bench at the earliest available calendar of the court."
"WHEREFORE, premised on the foregoing doctrinal tenets applied to the facts as culled from the records of these cases, the formal joint and consolidated motion for reconsideration of the September 30, 1998 order of this Court is hereby denied. Let the arraignment of the accused on the Informations at bench be set at the earliest available calendar of the court."
"WHETHER OR NOT THE NON-COMMISSION OF ANOTHER CRIME IS AN ESSENTIAL ELEMENT OF VIOLATION OF PD 1866 AS AMENDED BY RA 8294, WHICH ELEMENT MUST BE ALLEGED IN THE INFORMATION.
"WHETHER OR NOT THE PENDENCY OF A PRELIMINARY INVESTIGATION CONDUCTED BY THE COMELEC INVOLVING THE SAME ACT OF PETITIONERS DEPRIVED THE CITY PROSECUTOR OF THE AUTHORITY TO FILE THE INFORMATION.
"WHETHER OR NOT THE WARRANTLESS SEARCH WHICH SUPPOSEDLY RESULTED IN THE DISCOVERY AND SEIZURE OF FIREARMS FROM PETITIONERS IS LEGAL."
"Section 7. Former conviction or acquittal; double jeopardy. - When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information."
"1993 COMELEC RULES OF PROCEDURE
"SECTION 1. Authority of the Commission to Prosecute Election Offenses. - The Commission shall have the exclusive power to conduct preliminary investigation of all election offenses punishable under the election laws and to prosecute the same, except as may otherwise be provided by law.
"SEC. 2. Continuing Delegation of Authority to Other Prosecution Arms of the Government. - The Chief State Prosecutor, all Provincial and City Fiscals, and/or their respective assistants are hereby given continuing authority, as deputies of the Commission, to conduct preliminary investigation of complaints involving election offenses under the election laws which may be filed directly with them, or which may be indorsed to them by the Commission or its duly authorized representatives and to prosecute the same. Such authority may be revoked or withdrawn any time by the Commission whenever in its judgment such revocation or withdrawal is necessary to protect the integrity of the Commission, promote the common good, or when it believes that successful prosecution of the case can be done by the Commission."