LAZARO-JAVIER, J.:
1) | Decision dated May 9, 2019[2] affirming the denial of petitioner's Motion to Quash in Criminal Case No. 16-43163 and Omnibus Motion to Consolidate, Determine Probable Cause, Allow to Post Bail, Quash Information and Suppress Evidence Illegally Obtained in Criminal Case No. 16-43487; and |
2) | Resolution dated January 30, 2020[3] denying petitioner's Motion for Reconsideration. |
Interestingly, in their Affidavit of Arrest, the police officers stated that when they first saw petitioner alight from the driver's seat to inspect the contents of the box at the back of the driver's seat, they already noticed the Glock 26 9mm cal. pistol with Serial No. ELR043 tucked in his waist and visible from his back. And yet, the same Glock 26 9mm pistol with Serial No. ELR043 was also actually among the contents of the box that they subsequently seized from petitioner and Wilford Palma a.k.a. Michael Diamante.AFFIDAVIT OF ARREST
We, SPO4 Liberate S. Yorpo and SPO1 Jerome G[.] Jambaro both [of] legal age, married, bonafide members of Philippine National Police assigned at Criminal Investigation and Detection Group Negros Occidental based at Camp Alfredo M. Montelibano Sr[.], Brgy[.] Estefania, Bacolod City, Negros Occidental having been sworn to in accordance with law, do hereby depose and say;
On August 5, 2016 at about 9:00 o'clock in the morning[,] PCI ARIEL S. ARTILLERO, Provincial Officer, CIDG Negros Occidental informed us that our office was tapped by a team from CIDG Camp Crame, Quezon City led by PSUPT[.] RANDY GLENN SILVIO and PCI MICHAEL VILLANUEVA for a possible police operation anytime within the area of Bacolod City;
On August 6, 2016 at about 8:00 o'clock in the morning in an undisclosed place[,] SUPT[.] RANDY GLENN SILVIO conducted a short briefing about the operation informing us that they received an intelligence report from US Homeland Security and Bureau of Customs that a package containing a contraband particularly firearms and its accessories coming from United States of America (USA) was shipped to the Philippines via ATLAS Shippers International Incorporated and it will be delivered to Bacolod City;
PSUPT[.] RANDY GLENN SILVIO directed us to pose as errand boys in ATLAS Office at Villa Cristina Subdivision, Brgy[.] Tangub, Bacolod City and to wait for the suspects to arrive to claim their package and conduct arrest if warrants (sic) with coordination with the other PNP Units;
At about 11:00 o'clock in the morning of same date, we saw a silver gray Toyota Hilux pick-up truck with Conduction Sticker 7469 arrived (sic) and stopped (sic) at the entrance gate of ATLAS Office. A male person alighted from the driver's side and entered the gate and claimed the package using the name of Michael Diamante;
The claimed package was marked with ATLAS Shippers International Inc. with addressee Leo Mendieta of #20 Regina Drive, Doña Juliana Subd., Bacolod City[,] Negros Occidental, with contact no. (0921)622-0091 from sender Miko Claridad of 7325 Birch St. BREA CA 92821 with contact no. (0714) 638-7142 with HBL No. 1342580;
We carried the said box and we were instructed by the claimant Michael Diamante to place it at the back of the driver's seat. After we put the box, he immediately opened and checked the content of the box exposing to us. While the driver immediately alighted and also checked the box wherein a handle of a pistol was brandishing on his back;
Upon seeing the firearm and knowing the content of the box[,] we introduced ourselves as police [officers] and restrained the driver and the person who claimed the package while our companions who discreetly positioned in front of the pickup truck hastily rushed towards us and helped;
A Glock 26 9mm cal[.] pistol with Serial No: ELR043 chamber loaded (1 bullet) and magazine loaded with fourteen (14) rounds of live ammos and an extra magazine loaded with fourteen (14) rds[.] of live ammos were recovered from the possession and control of the driver whom we later identified as Bryan Ta-ala [y] Constantino and the person who claimed the package as Michael Diamante whom we later identified his true name as Wilford Palma y Zarceno when asked to present documents, they could not present any pertinent documents authorizing him or them to possess or carry the said firearms and likewise, the firearms accessories inside the box which was placed at the back seat;
Recovered from their possession [was] one (1) box containing the following to wit:We informed them of their violations and apprised them individually of their constitutional rights and effect[ed] arrest. (We) (subsequently brought them to the nearest police station for documentation;
- Thirty five (35) pcs[.] trigger housing groups
- Ten (10) pcs[.] barrels
- One (1) unit rail
- One (1) unit rail with barrel with flash suppressor
- Five (5) units butt stock assembly (gray)
- Ten (10) units butt assembly (black)
- Sixty (60) pieces upper receivers
- Five (5) pcs[.] quick detach scope mounts
- Fifteen (15) pcs[.] buffer spring guides
- Fifteen (15) pcs[.] spring locks
- Four (4) sets tool kit
- Two (2) sets beverage entry tools
- One (1) unit Glock 26 9mm pistol SN: ELR043
- Two (2) mag. Assy, for 9mm pistol
- Twenty nine (29) rds[.] live ammos for cal. 9mm
- Two (2) pieces spare barrels
That we execute this affidavit to attest [to] the truth of the foregoing statements to support the filing of case against BRYAN TA-ALA [y] CONSTANTINO, 42 yrs[.] old, married, and resident of Blk 24, Lot 30, Estancia Subd[.], Brgy[.] Mandalagan, Bacolod City for violation of Sec[.] 28 (Unlawful Possession of FAs) and Sec[.] 33 (Gun Smuggling) of RA 10591 and WILFORD PALMA Y ZARCENO alias MICHAEL DIAMANTE, 33 yrs[.] old, married and resident [of] Hacienda Lizares, Brgy[.] Cabug, Bacolod City for violation of Sec[.] 33, (Gun Smuggling) (sic) of RA 10591. (sic)
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 8th day of August 2016, at the City of Quezon, Philippines.
SPO4 Liberato S[.] Yorpo (SGD.)
(Affiant) SPO1 Jerome G[.] Jambaro (SGD.)
(Affiant)
SUBSCRIBED AND SWORN to before me this 08 AUG 2016 day of August 2016, in the City of Quezon, Philippines. Further certifies that I have personally examined the affiants and I am fully satisfied that they voluntarily executed and understood the contents of their affidavit.
MICHAEL A. VITO CRUZ (SGD.)
State Prosecutor[5]
The Letter-Complaint again identified the same Glock 26 9mm cal. pistol with Serial No. ELR043 seen in the possession and control of petitioner to have been at the same time also seen inside the box of supposed contrabands from the United States of America shipped to the country through Atlas Shipping International.August 8, 2016
THE HONORABLE CITY PROSECUTOR
Department of Justice
City of Manila
Sir/Madam,
Referred to your office for appropriate legal actions are pertinent records of the case against BRYAN TA-ALA [y] CONSTANTINO (confined), 41 yrs[.] old, married[,] a resident of Estancia Subd[.], Brgy[.] Mandalagan, Bacolod City for Violation of Sec[.] 28 and Sec[.] 33 of RA 10591 and WILFORD PALMA [y] ZARCENO (detained), 33 yrs[.] old, married [,] a resident [of] Hda[.] Lizares, Brgy[.] Cahug, Bacolod City for Violation of Sec[.] 33 of RA 10591. (sic)FACTS OF THE CASE
That at about 11:00 o'clock in the morning of August 6, 2016 SPO4 Liberato S[.] Yorpo and SPO1 Jerome G[.] Jambaro of CIDG-Negros Occidental led by PCI ARIEL S[.] ARTILLERO and CIDG Intel Division, Camp Crame led by PSUPT[.] RANDY GLENN SILVIO and PCI MICHAEL VILLANUEVA and other PNP Units arrested the persons of BRYAN TA-ALA Y CONSTANTINO, 41 yrs[.] old, married[,] a resident of Estancia Subd[.] Brgy[.] Mandalagan, Bacolod City for having in his possession and control one (1) unit Glock 26 9mm cal pistol with SN: ELR043 (chamber loaded), loaded with magazine with fourteen (14) rds of live ammos and one (1) extra magazine loaded with fourteen (14) rds of live aminos and WILFORD PALMA [Y] ZARCENO, 33 yrs[.] old, married a resident [of] Hda. Lizares, Brgy[.] Cabug, Bacolod City[.] [B]oth were caught in the act having in their possession a box with HBL No. 1342580 shipped by ATLAS Shippers International Inc. containing smuggled firearms and its accessories coming from the United States. (See attached Receipt/Inventory of Property Seized) (sic)
That the above incident was recorded at Station 8, BCPO, PRO18 at Araneta St., Brgy[.] Tangub, Bacolod City.
EXHIBITS:WITNESSES:
- Affidavit of Arrest of SPO4 Liberato S. Yorpo and SPO1 Jerome G. Jambaro
- Incident Record Form Entry No. 1150 dated August 6, 2016
- ATLAS Shippers Delivery Services Cargo Acknowledgement Receipt
- One (1) Box of ATLAS Shippers International Inc[.] with HBL No. 1342580 containing the following:
- Thirty five (35) pcs[.] trigger housing groups
- Ten (10) pcs[.] barrels
- One (1) unit rail
- One (1) unit rail with barrel with flash suppressor
- Five (5) units butt stock assembly (gray)
- Ten (10) units butt assembly (black)
- Sixty (60) pieces upper receivers
- Five (5) pcs[.] quick detach scope mounts
- Fifteen (15) pcs[.] buffer spring guides
- Fifteen (15) pcs[.] spring locks
- Four (4) sets tool kit
- Two (2) sets beverage entry tools
- One (1) unit Glock 26 9mm pistol SN: ELR043
- Two (2) mag. Assy. for 9mm pistol
- Twenty nine (29) rds live ammos for cal. 9mm
- Two (2) pieces spare barrels
- One [1] BPI Card of Alma Sotto Gomez
- Four (4) pieces BDO cards (BCTAVZP)
- One (1) RCBC Card (BCT)
- One (1) CITI Card (BCT)
- One (1) PRC Professional ID (BCT)
- One (1) LTO Professional Driver's License
- One (1) unit | Phone 6S
- One (1) unit | Phone 5S
- Cash money amounting Php 21,760.00
- Toyota Hilux pick-up w/o plate with conduction sticker 7469 color gray with key
- Receipt/Inventory of Property Seized
- Photographs of the Suspects
- Photo graphs of the Recovered Items
- Medical Certificate
- Others to follow
a) SPO4 [L]iberato S[.] Yorpo and SPO1 Jerome G[.] Jambaro b) And others to follow
RANDY GLENN G SILVIO (SGD.)
Police Superintendent
Chief Intel Division CIDG[7]
WHEREFORE, premises considered, it is respectfully recommended that an Information for possession of the arms accessories and parts against respondent BRYAN TA-ALA y CONSTANTINO for the crime of Republic Act No. 10591[,] otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act" be FILED with the appropriate court.In finding probable cause against petitioner for twin violations of Section 28 of RA 10591, ASP Vito Cruz concluded that petitioner and Palma were validly arrested without warrant because they were caught in flagrante delicto committing the crimes of illegal possession of firearm and illegal possession of firearm accessories.
Another Information for possession of Glock 26 including its magazines and ammos is hereby recommended to be FILED against respondent BRYAN TA-ALA y CONSTANTINO.
The complaint against respondent WILFORD PALMA y ZARCENO is hereby DISMISSED for lack of probable cause and it is farther recommended that the respondent be admitted to the Witness Protection Program of the Department subject to the usual terms and procedures of the program.[13] (Emphases supplied)
The Resolution mentioned some events which allegedly transpired during the inquest, viz.:
- Only Palma was brought to Manila by the PNP-CIDG for inquest Petitioner was left in Bacolod City because of his medical condition;
- Petitioner's brother, together with a lawyer, attended the inquest;
- This lawyer did not enter his appearance as petitioner's counsel of record. The Department of Justice Action Center (DOJAC) assigned Atty. Ma. Elisa Jonalyn A. Barquez as Palma's counsel during the inquest;
- Palma moved to reopen the case and was granted preliminary investigation after executing a waiver of Article 125 of The Revised Penal Code;
- Palma filed his counter-affidavit (the date of filing was not mentioned) confirming that he was petitioner's employee. On August 6, 2016, he alleged that he had merely acted under petitioner's supervision and control; and
- Palma also executed a Supplemental Affidavit dated August 19, 2016 reiterating the statements in his Counter-Affidavit;
- On August 17, 2016, ASP Vito Cruz attempted to subject petitioner to the inquest proceedings, to be done in Bacolod City, but his relatives allegedly refused to cooperate and a supposed lawyer declined to go on record since he had not been engaged to assist as his counsel; and
- In view of petitioner's refusal to submit to the inquest, the proceedings were terminated and the inquest was submitted for resolution.
In determining probable cause for illegal possession of firearms, we are constrained to subscribe [to the] narration of the CIDG operatives in their affidavit of arrest that the said firearm and part were found inside the package claimed and picked-up by Palma. The reason is that positive allegations prevail over denials, which is the only defense, respondents can interpose in the given premise as to the firearms part/accessories.As for Palma, he was absolved by ASP Vito Cruz, who found that he merely acted under petitioner's control and supervision per letter of one Leo Odio Mendieta authorizing him to claim and receive the package of firearm and firearm accessories with Invoice No. 1342580.
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there[,] willfully, unlawfully, and criminally have in his possession, custody and control the following:The case was entitled People of the Philippines v. Bryan Ta-Ala y Constantino docketed as Criminal Case No. 16-43163 and raffled to RTC-Branch 46.without the necessary license, authority and/or permit issued by the proper authority.
- One (1) unit Glock 26 9mm pistol SN: ELR043
- Two (2) magazine Assy. for 9mm pistol
- Twenty nine (29) live ammos of caliber 9mm.
CONTRARY TO LAW.
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and with the jurisdiction of this Honorable Court, the above-named accused, Bryan Ta-ala [y] Constantino, with intent to defraud the government of the legitimate duties accruing to it from merchandise imported into this country, without prior authority and clearance from FEO-PNP and knowingly using fictitious names and documents specifically describe [sic] as a package marked with ATLAS Shippers International, Inc. with addressee Leo Mendieta of #20 Regina Drive, Doña Juliana Subd., Bacolod City, Negros Occidental, with contact no. (0921)622-0091 from sender Miko Claridad of 7325 Birch St., BREA CA 92821 with contact no. (0714) 638-7142 with HBL No. 1342580, did then and there willfully, unlawfully and fraudulently import into the country the folio wings: (sic)Under the same title, it was docketed as Criminal Case No. 16-43164 and raffled to RTC-Branch 50. Petitioner also posted bail in this case for P120,000.00.[21] But as in the first case, he was not released for the same reason that the preliminary investigation on the charge of illegal importation of firearms was still pending.All major parts of a Class-A light weapon, without the necessary authority to import issued by [the] Chief of the Philippine National Police authorizing importations and not even classified as authorized importer duly licensed to facilitate the importation.
- Thirty five (35) pcs. Trigger housing groups;
- Ten (10) pcs. Barrels;
- One (1) unit rail;
- One (1) unit rail with barrel with flash suppressor;
- Five (5) units butt stock assembly (gray);
- Ten (10) units butt assembly (black);
- Sixty (60) pieces upper receivers;
- Five (5) pcs[.] quick detach scope mounts;
- Fifteen (15) pcs[.] buffer spring guides;
- Fifteen (15) pcs[.] spring locks;
- Four (4) sets tool kit; [and]
- Two (2) pieces spare barrels.
CONTRARY TO LAW.[20]
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully, and criminally have in his possession, custody and control the following:Meantime, petitioner filed a Motion for Reconsideration of the Order dated November 3, 2016 of RTC-Branch 46.[33]without the necessary license, authority and/or permit issued by the proper authority.
- One (1) unit chamber loaded Glock 26 9mm pistol SN: ELR043 inserted with a loaded magazine with fourteen (14) rounds of live ammunition;
- One (1) extra magazine for 9mm pistol with fourteen (14) rounds of live ammunition.
CONTRARY TO LAW.
WHEREFORE, it is respectfully recommended that probable cause exists against respondent BRYAN TA-ALA y CONSTANTINO for the violation of Section 33 of Republic Act No. 10591 otherwise known as the "Comprehensive Firearms and Ammunition Regulation Act" [and Information] be FILED with the appropriate court.ASP Vito Cruz referred to his findings in his earlier Resolution dated August 22, 2016. He utilized anew the Affidavit of Arrest of SPO4 Yorpo and SPO1 Jambaro, and the Counter-Affidavit and Supplemental Affidavit of Palma as bases for his finding of probable cause against petitioner, this time, for: (i) violation of Section 33, RA 10591; and (ii) violation of Sections 101(a) and 3601 of the Tariff and Customs Code of the Philippines.
Probable cause likewise exists for violation of Sections 101 (a) and 3601 of the Tariff and Customs Code of the Philippines as amended and Information be FILED accordingly.[35]
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Bryan Ta-ala [y] Constantino, with intent to defraud the government of the legitimate duties accruing to it from merchandise imported into this country, without prior authority and clearance from FEO-PNP and knowingly using fictitious name and documents specifically describe (sic) as a package marked with ATLAS Shippers International Inc. with addressee Leo Mendieta of #20 Regina Drive, Doña Juliana Subd., Bacolod City, Negros Occidental, with contact no. (0921)622-0091 from sender Miko Claridad of 7325 Birch St., BREA CA 92821 with contact no. (0714) 638-7142 with HBL No. 1342580, did then and there, willfully, unlawfully and fraudulently import into the country the followings (sic):Again, under the same title, it was docketed as Criminal Case No. 16-43487 and raffled to RTC-Branch 54.All major parts of a Class-A light weapon, without the necessary authority to import issued by Chief of the Philippine National Police authorizing importations and not even classified as authorized importer duly licensed to facilitate importation.
- Thirty five (35) pcs. trigger housing groups;
- Ten (10) pcs. Barrels;
- One (1) unit rail;
- One (1) unit rail with barrel with flash suppressor;
- Five (5) units butt stock assembly (gray);
- Ten (10) units butt assembly (black);
- Sixty (60) pieces upper receivers;
- Five (5) pcs[.] quick detach scope mounts;
- Fifteen (15) pcs. buffer spring guides;
- Fifteen (15) pcs. spring locks
- Four (4) sets tool kit; and
- Two (2) pieces spare barrels.
CONTRARY TO LAW.[38]
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Bryan Ta-ala y Constantino, with intent to defraud the government of the legitimate duties accruing to it from merchandise imported into this country, without prior authority and clearance from FEO-PNP and knowingly using fictitious name and documents specifically describe (sic) as a package marked with ATLAS Shippers International Inc. with addressee Leo Mendieta of #20 Regina Drive, Doña Juliana Subd., Bacolod City, Negros Occidental, with contact no. (0921)622-0091 from sender Miko Claridad of 7325 Birch St., BREA CA 92821 with contact no. (0714) 638-7142 with HBL No. 1342580, did then and there, willfully, unlawfully and fraudulently import into the country the followings [sic]:Same as previous Informations, it was docketed as Criminal Case No. 16-43488 and raffled to RTC-Branch 42.All major parts of a Class-A light weapon, without the necessary authority to import issued by Chief of the Philippine National Police authorizing importations and not even classified as authorized importer duly licensed to facilitate importation.
- Thirty five (35) pcs. trigger housing groups;
- Ten (10) pcs. Barrels;
- One (1) unit rail;
- One (1) unit rail with barrel with flash suppressor;
- Five (5) units butt stock assembly (gray);
- Ten (10) units butt assembly (black);
- Sixty (60) pieces upper receivers;
- Five (5) pcs. quick detach scope mounts;
- Fifteen (15) pcs. buffer spring guides;
- Fifteen (15) pcs. spring locks
- Four (4) sets tool kit; and
- Two (2) pieces spare barrels.
CONTRARY TO LAW.[41]
a) | he was illegally searched and arrested without a warrant and the evidence obtained is thus inadmissible; |
b) | the Informations for violation of Section 33, RA 10591 and Section 101(a) in relation to Section 3601 of the Tariff and Customs Code of the Philippines violated his right against double jeopardy; |
c) | the Resolution dated September 13, 2016 was void since it was issued when NPS Docket No. XVI-INQ-16H-00110 had already become functus officio as ASP Vito Cruz's Resolution dated August 22, 2016 became final and executory; and |
d) | as there were already pending criminal cases against him, the issuance and filing of the last two Informations should have been approved first by Branches 46 and 50.[45] |
That on or about August 6, 2016, in Bacolod City, Negros Occidental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Bryan Ta-ala [y] Constantino, without any authority to import, move, deliver[,] or transfer firearms, their parts and components issued by the Chief of the Philippine National Police (PNP) and clearances from PNP-FEO, did then and there willfully, unlawfully and knowingly import, move, deliver[,] or transfer from the United States of America (USA) into the Philippines the following firearms, their parts and components, to wit:On November 9, 2016, petitioner filed a Motion for Reconsideration of the Resolution dated November 2, 2016 of RTC-Branch 54.[50] The prosecution filed an opposition[51] and, thereafter, petitioner filed a Reply.[52]which were contained in a package, specifically described and marked with ATLAS Shippers International, Inc., with the name of the addressee indicated as Leo Mendieta of #20 Regina Drive, Dona Juliana Subd., Bacolod City, Negros Occidental, with contact no. (0921)622-0091 from sender Miko Claridad of 7325 Birch St., BREA CA 92821 with contact no. (0714) 638-7142 and HBL No. 1342580.
- Thirty five (35) pcs. trigger housing groups;
- Ten (10) pcs. Barrels;
- One (1) unit rail;
- One (1) unit rail with barrel with flash suppressor;
- Five (5) units butt stock assembly (gray);
- Ten (10) units butt assembly (black);
- Sixty (60) pieces upper receivers;
- Five (5) pcs[.] quick detach scope mounts;
- Fifteen (15) pcs[.] buffer spring guides;
- Fifteen (15) pcs[.] spring locks
- Four (4) sets tool kit; and
- Two (2) pieces spare barrels.
CONTRARY TO LAW.[49]
1) | CA-G.R. SP No. 10697 – against the Orders dated November 3, 2016 and November 22, 2016 of RTC-Branch 46 denying petitioner's Motion to Quash Information and Suppress Evidence Illegally Obtained in Criminal Case No. 16-43163 for illegal possession of firearm and its ammunitions; and |
2) | CA-G.R. SP No. 10873 – against the Resolutions dated November 2, 2016 and February 22, 2017 of RTC-Branch 54 denying petitioner's Omnibus Motion to Consolidate [with Criminal Case No. 16-43488 before RTC-Branch 42], Determine Probable Cause, Allow to Post Bail, Quash Information and Suppress Evidence Illegally Obtained for lack of merit in Criminal Case No. 16-43487 for illegal importation of firearm accessories. |
1) | Is the petition academic? |
2) | Was petitioner's warrantless arrest valid? |
3) | Was there a valid inquest or preliminary investigation on petitioner? |
Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. - An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation, of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case. (n)In People v. Vallejo,[60] the Court ruled that the accused may be deemed precluded from questioning the legality of their arrest after arraignment only if they voluntarily enter their plea and participate during trial, without previously invoking their objections thereto. Thus:
We have consistently held that any objection by the accused to an arrest without a warrant must be made before he enters his plea, otherwise, the objection is deemed waived. We have also ruled that an accused may be estopped from assailing the illegality of his arrest if he fails to move for the quashing of the Information against him before his arraignment. And since the legality of an arrest affects only the jurisdiction of the court over the person of the accused, any defect in his arrest may be deemed cured when he voluntarily submitted to the jurisdiction of the trial court as what was done by the appellants in the instant case. Not only did they enter their pleas during arraignment, but they also actively participated during the trial which constitutes a waiver of any irregularity in their arrest.[61]In CA-G.R. SP No. 10697 (Criminal Case No. 16-43163), petitioner posted bail on September 8, 2016. On October 5, 2016, he filed a Motion to Quash Information and to Suppress Evidence Illegally Obtained and subsequently filed on November 4, 2016 a Request for Subpoena Duces Tecum and Ad Testificandum. He was arraigned on the amended Information only on November 22, 2016, during which he refused to enter his plea, albeit the court entered a "not guilty" plea on his behalf.
Section 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:In Ambre v. People,[62] the Court ruled that "[i]n arrest in flagrante delicto, the accused is apprehended at the very moment he or she is committing or attempting to commit or has just committed an offense in the presence of the arresting officer. Clearly, to constitute a valid in flagrante delicto arrest, two requisites must concur: (1) the person to be arrested must execute an overt act indicating that he or she has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer."[63]
(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section 7 of Rule 112. (5a)
x x x if the validity of the in flagrante delicto warrantless arrest cannot be established, the arrest becomes illegal and the consequent search incidental thereto becomes unreasonable. Resultantly, all the evidence seized by reason of the unlawful arrest is inadmissible in evidence for any purpose in any proceeding.We further deal with the mystery box allegedly containing illegally imported firearm accessories.
x x x x
[the police officers] carried the said box and we were instructed by the claimant Michael Diamante to place it at the back of the driver's seat. After we put the box, he immediately opened and checked the content of the box exposing to us. While the driver immediately alighted and also checked the box wherein a handle of a pistol was brandishing on his back; Upon seeing the firearm and knowing the content of the box[,] we introduced ourselves as policemen and restrained the driver and the person who claimed the package while our companions who discreetly positioned in front of the pickup truck hastily rushed towards us and helped x x x."[65]This narrative leaves more questions than answers.
1) | How did the police officers suddenly get hold of the package? |
2) | They claimed to have posed as helpers in the company right after their three-hour briefing at the police headquarters, but how were they able to do so right off considering that their task as helpers, modest as it may seem, required a high degree of trust and confidence not just from the alleged customers themselves (i.e., petitioner and Palma) but from the company itself which supposedly hired them? |
| |
3) | With an alleged boxful of contrabands, why would petitioner and Palma trust them with the package? |
4) | In any event, were they specifically chosen by Palma to assist him in carrying and loading the box in the parked vehicle? After they loaded the box inside the vehicle, how long did they still tarry behind and in which part of the parking area? |
SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.The alleged firearm and its ammunitions, i.e., Glock 26 9mm cal. pistol with Serial No. ELR043, and the boxful of alleged firearm accessories or paraphernalia, were obtained allegedly as a result of the warrantless arrest and seizure done by SPO4 Yorpo and SPO1 Jambaro. But for the warrantless arrest and seizure, these alleged contrabands would not have come into existence.[66] These pieces of evidence would not have been inevitably gained without the acts of the police officers.[67] They were gathered and presented as a result of the warrantless arrest and search.[68] They are the fruits of the arrest and seizure actions of the police officers.
Any evidence obtained in violation of this provision is legally inadmissible in evidence as a fruit of the poisonous tree. This principle is covered by this exclusionary rule:
SEC. 3. x x x
(2) Any evidence obtained in violation of x x x the preceding section shall be inadmissible for any purpose in any proceeding.
Art 125 - Delay in the Delivery of Detained Persons to the Proper Judicial Authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.ASP Vito Cruz had 36 hours to complete the inquest, resolve the complaint, and file the Informations, if any. Had he needed more time to resolve, he should have converted the inquest to a regular preliminary investigation, but petitioner should have been released in the meantime.
In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel.
Sec. 3. No release or transfer except on court order or bail. – No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.In Paderanga v. Court of Appeals, the Court ruled:
Sec. 19. Release on bail. – The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance with Section 17 of this Rule.
When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall forward it, together with the order of release and other supporting papers, to the court where the case is pending, which may, for good reason, require a different one to be filed.
"Section 13, Article III of the Constitution lays down the rule that before conviction, all indictees shall be allowed bail, except only those charged with offenses punishable by reclusion perpetua, when the evidence of guilt is strong. Thus, Section 4 of Rule 114 provides that all persons in custody shall, before conviction by a regional trial court of an offense not punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as a matter of right. The right to bail, which may be waived considering its personal nature and which, to repeat, arises from the time one is placed in the custody of the law, springs from the presumption of innocence accorded every accused upon whom should not be inflicted incarceration at the outset since after trial he would be entitled to acquittal, unless their guilt be established beyond reasonable doubt."[70]Petitioner is entitled to release as a matter of right. For one, ASP Vito Cruz cannot convert an inquest, into a preliminary investigation without petitioner's consent, without his waiver of his rights under Article 125 of the Revised Penal Code, or without being released from detention on account of the bail he had posted twice. For another, RTC-Branch 46 ought to have known that after posting bail, petitioner was already being held in captivity without any court process. This again is a violation of petitioner's right not to be deprived of his liberty without due process of law.
a) | People of the Philippines v. Bryan Ta-Ala y Constantino before the Regional Trial Court for Negros Occidental, Bacolod City, Branch 46, Criminal Case No. 16-43163 for violation of Section 28, Republic Act No. 10591 for illegal possession of firearm and ammunitions; and |
b) | People of the Philippines v. Bryan Ta-Ala y Constantino before the Regional Trial Court for Negros Occidental, Bacolod City, Branch 54, Criminal Case No. 16-43487 for violation of Section 33, Republic Act No. 10591 for illegal importation of firearm accessories. |
(a) | The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm; | |
(b) | The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person; | |
(c) | The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon; | |
(d) | The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light weapon; | |
(e) | The penalty of one (1) degree higher than that provided in paragraphs a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions: | |
(1) | Loaded with ammunition or inserted with a loaded magazine; | |
(2) | Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like; | |
(3) | Fitted or mounted with sniper scopes, firearm muffler or firearm silencer; | |
(4) | Accompanied with an extra barrel; and | |
(5) | Converted to be capable of firing full automatic bursts. | |
(6) | The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a small arm; | |
(f) | The penalty of prision mayor in its in minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter; | |
(g) | The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-A light weapon; | |
(h) | The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or a possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter; | |
(i) | The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-B light weapon; and | |
(j) | The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. | |
(k) | The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter. |