I. G.R. No.

162808

April 22, 2008

the 
 police 
 officers 
 constitutes 
 an 
 offense 
 that 
 may 
 $e 
 criminally 
prosecuted 
under 
the 
(&1 
 2; 
<hether 
or 
not 
the 
$are 
alle ations 
for 
ar$itrary 
detention 
 and 
 rave 
threats 
will 
prosper 
without 
alle in 
the 
elements 
of 
 the 
crimes 
in 
the 
complaint HELD1 
No. 
%he 
petition 
lac's 
merit. R#&io1

FELICIANO GALVANTE, petitioner, 
vs.HON. ORLANDO C. CASIMIRO, Omb !"m#$ %or &'( Mili&#r), *IENVENIDO C. *LANCAFLOR, Dir(+&or, DENNIS L. GARCIA, Gr#%& I$,("&i-#&io$ #$! .ro"(+ &io$ O%%i+(r, S.O/ RAMIL AVENIDO, .O1 EDDIE DEGRAN, .O1 VALENTINO R0FANO, #$! .O1 FEDERICO *ALOLOT, 
respondents. FACTS1 ON 
May 
14, 
2001, 
respondent 
police 
officers 
confiscated 
from 
 petitioner 
one 
colt 
pistol 
super 
.38 
automatic 
with 
ma a!ine 
 and 
ammunition. 
 
 "n 
his 
affidavit, 
complainant 
#alvante 
narrated 
how, 
on 
May 
 14, 
 2001, 
 private 
 respondents 
 aimed 
 their 
 lon 
 firearms 
 at 
 him, 
ar$itrarily 
searched 
his 
vehicle 
and 
put 
him 
in 
detention. 
 %hat 
on 
his 
way 
to 
meet 
retired 
police 
&ercival 
&la!a, 
four 
 policemen 
in 
uniform 
$loc'ed 
his 
way, 
namely 
&O1 
(omil 
 )venido 
&N&, 
&O1 
*alentino 
(ufano, 
&O1 
+ddie 
,e ran 
&N& 
 and 
 &O1 
 -ederico 
 .alolot, 
 all 
 pointin 
 their 
 lon 
 firearms. 
 %hat 
while 
complainant 
was 
raisin 
his 
arms, 
/&O4 
.en0amin 
 1onde, 
2r. 
went 
to 
his 
owner 
type 
0eep, 
conducted 
a 
search 
and 
 confiscated 
his 
pistol. 1omplainant 
thereafter 
went 
to 
the 
police 
station. 
)fter 
some 
 3ueries 
 were 
 made 
 concernin 
 non4apprehension 
 of 
 other 
 persons 
 possessin 
 firearms 
 themselves, 
 he 
 was 
 put 
 to 
 0ail 
 under 
the 
order 
of 
&olice 
1hief 
(ocacor$a 
and 
was 
released 
 only 
at 
4500 
o6cloc' 
in 
the 
afternoon 
of 
May 
17, 
2001 
after 
 postin 
a 
$ail$ond. .ROCED0RAL HISTOR21 "nformation 
 for 
 "lle al 
 &ossession 
 of 
 -irearms 
 was 
 filed 
 a ainst 
petitioner 
#alvante, 
in 
(elation 
to 
a 
1OM+8+1 
 un 
 $an 
$efore 
the 
(%1 
of 
) usan 
del 
/ur, 
from 
which, 
#alvante 
 countered 
 $y 
 filin 
 a 
 criminal 
 complaint 
 a ainst 
 &olice 
 Officers 
1onde, 
et.al. 
for 
)r$itrary 
,etention, 
"lle al 
/earch 
 and 
#rave 
%hreats. 
 
9is 
char es 
were 
dismissed 
for 
lac' 
of 
 pro$a$le 
cause 
$efore 
the 
#"/ 
:#raft 
"nvesti ation;. 
Office 
of 
 the 
,eputy 
Om$udsman 
affirmed 
the 
dismissal 
and 
denied 
his 
 M(, 
hence 
this 
&etition 
for 
1ertiorari 
and 
Mandamus. 
 /eparately, 
 #alvante 
 filed 
 a 
 separate 
 administrative 
 case 
 $efore 
the 
,"8# 
a ainst 
1onde, 
et.al. 
for 
#rave 
Misconduct. ISS0ES1 
 1; 
<hether 
or 
not 
an 
ille al 
=warrantless 
arrest> 
conducted 
$y 


%he 
 complaint 
 for 
3#rr#$&l("" "(#r+' 
 char es 
 no 
 criminal 
 offense. 
The conduct of a warrantless search is not a criminal act for it is not penalized under the Revised Penal Code 
:(&1; 
or 
any 
other 
special 
law. 
<hat 
the 
(&1 
punishes 
 are 
only 
two 
forms 
of 
searches5

Ar&. 124. Search warrants maliciously obtained and abuse in the service of those legally obtained. 5 I$ #!!i&io$ &o &'( li#bili&) #&&#+'i$- &o &'( o%%($!(r %or &'( +ommi""io$ o% #$) o&'(r o%%($"(, &'( p($#l&) o% arresto mayor i$ i&" m#6im m p(rio! &o prision correccional i$ i&" mi$im m p(rio! #$! # %i$( $o& (6+((!i$.1,000.00 p("o" "'#ll b( impo"(! po$ #$) p bli+ o%%i+(r or (mplo)(( 3'o "'#ll pro+ r( # "(#r+' 3#rr#$& 3i&'o & 7 "& +# "(, or, '#,i$- l(-#ll) pro+ r(! &'( "#m(, "'#ll (6+((! 'i" # &'ori&) or "( $$(+(""#r) "(,(ri&) i$ (6(+ &i$- &'( "#m(. Ar&. 180. Searching domicile without witnesses. 5 T'( p($#l&) o% arresto mayor i$ i&" m(!i m #$! m#6im m p(rio!" "'#ll b( impo"(! po$ # p bli+ o%%i+(r or (mplo)(( 3'o, i$ +#"(" 3'(r( # "(#r+' i" prop(r, "'#ll "(#r+' &'( !omi+il(, p#p(r" or o&'(r b(lo$-i$-" o% #$) p(r"o$, i$ &'( #b"($+( o% &'( l#&&(r, #$) m(mb(r o% 'i" %#mil), or i$ &'(ir !(%# l&, 3i&'o & &'( pr("($+( o% &3o 3i&$(""(" r("i!i$- i$ &'( "#m( lo+#li&). 1; (espondents6 
dismissal 
of 
the 
criminal 
complaint 
for 
 ille al 
 search 
 filed 
 $efore 
 the 
 Om$udsman 
 was 
 proper. 
 &u$lic 
 respondents 
 completely 
 overloo'ed 
 the 
 fact 
 that 
 the 
 criminal 
 complaint 
 was 
 not 
 co ni!a$le 
 $y 
 the 
 Om$udsman 
 as 
 ille al 
 search 
 is 
 not 
 a 
 criminal 
 offense 
 under 
the 
(&1. 


1


 . 
police 
officers 
arrested 
1rispin 
 . 8adlad 
and 
Ma!a 
petitions5 8adlad.eltran 
&etition5 On 
-e$ruary 
24.eltran 
was 
arrested 
without 
a 
warrant 
and 
the 
arrestin 
 officers 
did 
not 
inform 
.ASTER G. 
1". 
:$. 
 %he 
elements 
of 
the 
offense 
are5 
 1.eltran 
of 
the 
crime 
for 
which 
he 
was 
 arrested. 
later 
identified 
 as 
2aime 
-uentes.# 
investi ation. 
or 
any 
$ody 
of 
land. 
 /uch 
 $are 
 alle ation 
 stands 
 no 
 chance 
 a ainst 
 the 
 well4 entrenched 
rule 
that 
pu$lic 
officers 
en0oy 
a 
presumption 
 of 
re ularity 
in 
the 
performance 
of 
their 
official 
function. 
 and 
 :c. 
 petitioner 
 himself 
identified 
that 
it 
was 
&olice 
1hief 
(ocacor$a 
who 
 caused 
 his 
 detention. 
2007. II. 
pu$lic 
respondents 
did 
not 
act 
with 
 rave 
a$use 
of 
 discretion 
in 
dismissin 
the 
criminal 
complaint 
a ainst 
private 
 respondents. 
%his 
was 
$ased 
on 
a 
speech 
. 9e 
was 
su$0ected 
to 
a 
first 
in3uest 
involvin 
the 
crime 
of 
 incitin 
to 
sedition. VELASCO 5 . -urthermore. 
 the 
 detention 
 is 
 without 
 le al 
 rounds. 
 ave 
copies 
of 
 the 
affidavit 
of 
-uentes 
to 
media 
mem$ers 
present 
durin 
the 
 proceedin s. 
it 
must 
$e 
shown 
that 
:a. 
 
9HEREFORE. 
naval. 
 %he 
 second 
 element 
 was 
 not 
 alle ed 
 $y 
 petitioner 
in 
his 
)ffidavit41omplaint. 
&#M) 
si ned 
&residential 
 &roclamation 
No. 
%hat 
 there 
 $e 
 a 
 :a. 
%o 
avail 
of 
such 
remedies. 
on 
the 
criminal 
complaint 
for 
 rave 
threats. 
or 
were 
in 
any 
other 
way 
involved 
in 
it. 
 ta'in 
 arms 
 a ainst 
the 
#overnmentE 
and 
 2.R. 
(e$ellion 
under 
)rticle 
134 
of 
the 
(evised 
&enal 
 1ode 
is 
committed 
D 
 .2.eltran 
with 
re$ellion HELD1 
No. 
)s 
pointed 
out 
$y 
 private 
 respondent 
 1onde 
 in 
 his 
 1omment.urin 
the 
&". 
%hat 
the 
purpose 
of 
the 
uprisin 
or 
movement 
is 
either 
D 
 :a.O2 
state 
prosecutors.eltran 
in3uest. 
"n3uest 
prosecutor 
found 
pro$a$le 
cause.# 
eCecutive 
 officer 
and 
deputy 
director. 
 and 
 not 
 a 
 criminal 
action 
with 
the 
Om$udsman. No". . . 
 pu$lic 
 uprisin 
 and 
 :$.eltran 
opposes 
the 
second 
in3uest 
findin 
pro$a$le 
cause 
that 
 he 
committed 
re$ellion 
and 
that 
such 
in3uest 
was 
void.asis 
of 
the 
&"5 
results 
of 
the 
1".# 
presented 
a 
mas'ed 
man.". 
they 
contend 
that 
the 
&" 
was 
tainted 
with 
 irre ularities 
as 
not 
pursuant 
to 
(ule 
112 
/ec3. 
of 
the 
1ivil 
 1ode. 
considerin 
the 
political 
milieu 
 under 
which 
petitioners 
were 
investi ated. 
101@ 
declarin 
a 
=/tate 
of 
National 
 +mer ency. 
Ma!a. 
the 
statements 
that 
 the 
&resident 
and 
the 
/ecretary 
of 
2ustice 
made 
to 
the 
media 
 re ardin 
petitionersB 
case.eltranBs 
arrestin 
officers 
who 
 claimed 
to 
have 
$een 
present 
at 
the 
rally. r( r(b(llio$? "s 
there 
pro$a$le 
cause 
to 
char e 
. 
therefore 
no 
le al 
$asis 
to 
sustain 
the 
criminal 
char e 
 for 
ar$itrary 
detention 
a ainst 
private 
respondents.#Bs 
investi ation 
implicatin 
. 
who 
was 
the 
prosecutor.eltran 
 alle edly 
 ave 
durin 
a 
rally 
in 
Aue!on 
1ity 
on 
24 
-e$ruary 
 2007. -inally.> 
-ollowin 
that.)/"/5 
0oint 
affidavit 
of 
. 
the 
offender 
 is 
a 
pu$lic 
officer 
or 
employee. 
and 
 detained 
him 
in 
1amp 
1rame.eltran 
while 
he 
was 
en 
route 
to 
Marilao. 
et 
al 
as 
=leaders 
and 
 promoters> 
of 
an 
alle ed 
foiled 
plot 
to 
overthrow 
the 
)rroyo 
 overnment. 
 wholly 
 or 
 partially. 8adlad 
moved 
for 
the 
inhi$ition 
of 
*elasco 
citin 
lac' 
of 
 impartiality 
and 
independence. 
 of 
 any 
 of 
 their 
 powers 
 or 
 prero atives. 
the 
territory 
of 
the 
(epu$lic 
of 
the 
 &hilippines 
or 
any 
part 
thereof. . 9e 
was 
also 
su$0ected 
to 
a 
second 
in3uest 
involvin 
the 
crime 
 of 
re$ellion 
conducted 
$y 
.eltran. %he 
 remedy 
 of 
 petitioner 
 a ainst 
 the 
 warrantless 
 search 
 conducted 
on 
his 
vehicle 
is 
civil. 
et 
al 
were 
called 
for 
a 
preliminary 
investi ation 
 for 
the 
crime 
of 
re$ellion.y 
risin 
pu$licly 
and 
ta'in 
arms 
a ainst 
the 
#overnment 
for 
 the 
 purpose 
 of 
 removin 
 from 
 the 
 alle iance 
 to 
 said 
 #overnment 
or 
its 
laws.O2 
state 
prosecutors 
found 
pro$a$le 
cause. VICENTE . %he 
 complaint 
 for 
 a$itrary 
 detention 
 was 
 li'ewise 
 properly 
 dismissed. 
 under 
)rticle 
32. 
%he 
letters 
contained 
results 
of 
 1". ISS0E1 >I o$l) %o+ "(! o$ &'( *(l&r#$ p(&i&io$. 
 %here 
 was. 1:<018 = $( 1. 1:20:05:2. 
and 
the 
manner 
in 
which 
the 
 prosecution 
panel 
conducted 
the 
preliminary 
investi ation. %he 
in3uest 
was 
$ased 
on 
two 
letters 
from 
1".. 
culled 
from 
 the 
."8#. 
the 
offender 
detained 
 the 
 complainant. 
*elasco. 
. 
to 
remove 
from 
the 
alle iance 
to 
said 
#overnment 
or 
its 
 laws5 
 2 .O2 
and 
the 
(%1 
 of 
 Ma'ati 
 1ity 
 on 
 the 
 investi ation 
 and 
 prosecution 
 of 
 petitioners6 
cases. EMMAN0EL 2. 
petitioner 
may 
file 
a ainst 
 private 
respondents 
a 
complaint 
for 
dama es 
with 
the 
re ular 
 courts 
 or 
 an 
 administrative 
 case 
 with 
 the 
 &N&?.ulacan. 200: FACTS1 %hese 
 are 
 consolidated 
 petitions 
 for 
 the 
 writs 
 of 
 prohi$ition 
and 
certiorari 
to 
en0oin 
petitioners6 
prosecution 
for 
 (e$ellion 
and 
to 
set 
aside 
the 
rulin s 
of 
the 
. F#llo1 )ll 
said. 
 . 
 Nowhere 
 in 
 said 
 affidavit 
 did 
 petitioner 
 alle e 
 that 
 private 
 respondents 
 effected 
 his 
 detention. 
 %o 
 sustain 
 a 
 criminal 
 char e 
 for 
 ar$itrary 
detention. 
 as 
 petitioner 
 did 
 in 
 a 
 separate 
 administrative 
 case. 
the 
petition 
is 
DENIED. 3. 1:20:/5:6 . LADLAD . 
 . 
who 
claimed 
to 
$e 
an 
eyewitness 
a ainst 
 petitioners. 
. 
or 
 other 
armed 
forces 
or 
deprivin 
the 
1hief 
+Cecutive 
or 
the 
 8e islature. 
 the 
same 
is 
$ased 
merely 
on 
petitioner6s 
$are 
alle ation 
 that 
private 
respondents 
aimed 
their 
firearms 
at 
him.


 victims. 
eCecuted 
$y 
mem$ers 
of 
the 
military 
 and 
some 
civilians. 
he 
was 
present 
 durin 
the 
1GG2 
1&& 
&lenum. 
 +scala 
 recounted 
that 
in 
the 
afternoon 
of 
20 
-e$ruary 
2007. 
 %he 
 $ul' 
 of 
 the 
 documents 
consists 
of 
affidavits. 
9owever. 
 
)fter 
 several 
 hours 
 of 
 ne otiation. 
 %he 
 alle ations 
 in 
 these 
 affidavits 
 are 
 far 
 from 
 the 
 proof 
 needed 
to 
indict 
. 
or 
other 
armed 
forcesE 
or 
 :$. 
 includin 
 petitioners 
herein. Meanwhile.O2 
 (esolution 
 of 
 2@ 
 -e$ruary 
2007. 
only 
243 
filed 
with 
the 
 (%1 
an 
Omni$us 
Motion 
prayin 
that 
the 
said 
trial 
 court 
assume 
0urisdiction 
over 
all 
the 
char es 
filed 
 with 
the 
military 
tri$unal.eltran 
 for 
 (e$ellion 
 $ased 
 on 
 the 
 evidence 
$efore 
it. 
%he 
 "nformation 
merely 
alle ed 
that 
.m. 
who 
commit 
crimes 
or 
offenses 
 penali!ed 
under 
the 
(evised 
&enal 
1ode 
 other 
special 
penal 
laws. On 
)u ust 
H.eltran 
for 
ta'in 
part 
in 
an 
armed 
pu$lic 
 uprisin 
a ainst 
the 
 overnment. 
is 
that 
.ucal. 
:d. 
 they 
 returned 
 to 
 their 
 $arrac's. 
amon 
others. 
 then 
 )-& 
 1hief 
 of 
 /taff.ucal. 
or 
 headin 
 a 
 re$ellion 
 as 
 found 
 in 
 the 
 .. 
+Ccept 
for 
two 
affidavits. 
plans 
to 
 $rin 
 down 
 a 
 overnment 
 is 
 a 
 mere 
 preparatory 
 step 
 to 
 commit 
 the 
 acts 
 constitutin 
 (e$ellion 
 under 
)rticle 
 134. 
2007 -acts5 - - - - - On 
2uly 
2@. 
:c. 
the 
territory 
of 
the 
&hilippines 
or 
any 
part 
thereofE 
 or 
 :2. 
any 
$ody 
of 
land.eltran 
and 
other 
individuals 
on 
$oard 
a 
vehicle 
which 
entered 
 a 
chic'en 
farm 
in 
. 
 
 
%hey 
invo'ed 
:(. 
the 
.eltran. 
or 
offended 
parties 
which 
may 
$e 
 3 .eltran 
is 
a 
 leader 
 of 
 a 
 re$ellion. 
dated 
23 
-e$ruary 
2007. 
and 
others 
 conspired 
to 
form 
a 
Ftactical 
allianceF 
to 
commit 
(e$ellion. 
 @0HH. 
 -or 
his 
part. 
 $y 
 its 
 nature. 
violation 
of 
)rticle 
73 
for 
disrespect 
 toward 
the 
&resident. 
and 
:e. 
some 
of 
which 
were 
sworn 
 $efore 
a 
notary 
pu$lic. 
. 
pursuant 
to 
)rticle 
@0 
of 
the 
)rticles 
of 
 <ar. 
No. 
/an 
2uan. 
ordered 
the 
arrest 
and 
detention 
of 
the 
soldiers 
 involved 
in 
the 
Oa'wood 
incident 
and 
directed 
the 
 )-& 
to 
conduct 
its 
own 
separate 
investi ation. 
more 
than 
300 
 heavily 
armed 
0unior 
officers 
and 
enlisted 
men 
of 
the 
 )-& 
J 
mostly 
from 
the 
elite 
units 
of 
the 
)rmyBs 
 /cout 
(an ers 
and 
the 
NavyBs 
/pecial 
<arfare 
#roup 
 J 
entered 
the 
premises 
of 
the 
Oa'wood 
&remier 
 8uCury 
)partments 
on 
)yala 
 )venue.eltran. 
&adre 
#arcia. 
naval. 
 since 
 the 
 felony 
 char ed 
in 
the 
"nformation 
a ainst 
. 
 re$ellion 
 is 
 a 
 crime 
 of 
 the 
 masses 
 or 
 multitudes 
 involvin 
 crowd 
action 
 done 
 in 
furtherance 
of 
 a 
 political 
 end. 
they 
were 
met 
$y 
another 
individual. 
&adre 
#arcia.eltran6s 
 alle ed 
 presence 
 durin 
 the 
 1GG2 
1&& 
&lenum 
does 
not 
automatically 
ma'e 
him 
a 
leader 
 of 
a 
re$ellion.atan as 
 on 
20 
-e$ruary 
2007 
and 
that 
14 
years 
earlier. 
or 
local 
 overnment 
ordinances 
re ardless 
of 
 whether 
or 
not 
civilians 
are 
co4accused. "n 
 order 
 to 
 avoid 
 a 
 $loody 
 confrontation. 
1achuela 
stated 
that 
he 
was 
a 
former 
mem$er 
of 
 the 
1&& 
and 
that 
:1. 
 
) 
 total 
 of 
 321 
 soldiers. 
li'e 
. 
None 
of 
the 
affidavits 
stated 
that 
 . 
includin 
mem$ers 
 of 
the 
citi!ens 
)rmed 
-orces 
#eo raphical 
 Knits.. 
 "n 
 his 
 1omment 
 to 
 . 
 +ven 
 the 
 prosecution 
 ac'nowled ed 
 this. 
surrendered 
to 
the 
authorities. 
%he 
 evidence 
 $efore 
 the 
 panel 
 of 
 prosecutors 
 who 
conducted 
the 
in3uest 
of 
. 
violation 
of 
 )rticle 
7@ 
for 
mutiny 
or 
sedition. 
 "n 
 his 
 affidavit.eltran 
in 
the 
criminal 
case 
 is 
1onspiracy 
 to 
 1ommit 
(e$ellion 
and 
not 
(e$ellion. the 
char es 
filed 
a ainst 
the 
petitioners 
in 
the 
military 
 tri$unal 
are5 
:a. 
violation 
of 
)rticle 
74 
for 
 disrespect 
toward 
a 
superior 
officer. 
 dated 
 20 
 -e$ruary 
 2007. 
None 
of 
the 
affidavits 
alle ed 
that 
. 
violation 
of 
)rticle 
G@ 
for 
conduct 
 pre0udicial 
to 
 ood 
order 
and 
military 
discipline. 
etc. 
 at 
$est. 
 #eneral 
 Narciso 
 )$aya.eltranE 
 :2. 
of 
any 
of 
their 
powers 
and 
prero atives. 
 %hus.eltran 
committed 
specific 
acts 
of 
promotin . 
Ma'ati 
1ity. 
 wholly 
 or 
partially. Go$@#l(" .eltran 
as 
-uentes 
 provided 
 details 
 in 
 his 
 statement 
 re ardin 
 meetin s 
 with 
 . 
amon 
others. 
eCecuted 
$y 
a 
 certain 
 (uel 
 +scala 
 :+scala. 
the 
/ecretary 
of 
National 
 . 
 
 
%hey 
disarmed 
the 
security 
 uards 
and 
planted 
eCplosive 
devices 
around 
the 
 $uildin . Of 
the 
ori inal 
321 
accused.O2 
filed 
with 
the 
 (%1. 
.atan as 
and 
that 
after 
 the 
passen ers 
ali hted. 
 he 
 too' 
 part 
 in 
 criminal 
 activitiesE 
and 
:3.eltran. 
 the 
 /olicitor 
 #eneral 
 points 
to 
-uentes6 
affidavit.eltran 
and 
the 
other 
petitioners 
attended 
in 
200H 
and 
2007 
in 
 which 
 plans 
 to 
 overthrow 
 violently 
 the 
)rroyo 
 overnment 
 were 
alle edly 
discussed.IAERA #. 
what 
the 
 alle ations 
 in 
 -uentes6 
 affidavit 
 ma'e 
 out 
 is 
 a 
 case 
 for 
 1onspiracy 
 to 
 1ommit 
 (e$ellion. 
 to 
 deprive 
 the 
 1hief 
 +Cecutive 
 or 
 1on ress.eltran6s 
 petition. 
 the 
 (%1 
 Ma'ati 
 erred 
 when 
 it 
 nevertheless 
 found 
 pro$a$le 
 cause 
 to 
 try 
 . III. 
Ma'ati 
1ity 
an 
"nformation 
for 
coup d’etat 
a ainst 
those 
soldiers. 
2003. 
17400@I)u ust 
17. 
 .(.. 
who 
represent 
party4list 
 roups 
affiliated 
with 
the 
1&&. 
 %hus. 
the 
arms 
he 
and 
the 
other 
1&& 
mem$ers 
 used 
 were 
 purchased 
 partly 
 from 
 contri$utions 
 $y 
 1on ressional 
mem$ers.eltran 
was 
in 
. 
violation 
of 
 )rticle 
G7 
for 
conduct 
un$ecomin 
an 
officer 
and 
a 
 entleman. 
he 
attended 
the 
1&&6s 
F10th 
&lenumF 
in 
 1GG2 
 where 
 he 
 saw 
 ..:1. 
maintainin . 
 and 
 (aul 
1achuela 
:1achuela. 
<hat 
these 
documents 
prove. 
 the 
 overnment 
panel 
succeeded 
in 
convincin 
them 
to 
 lay 
down 
their 
arms 
and 
defuse 
the 
eCplosives 
placed 
 around 
 the 
 premises 
 of 
 the 
 Oa'wood 
 )partments. 
not 
(e$ellion 
under 
)rticle 
 134. 
none 
of 
 the 
 affidavits 
 mentions 
 . o ()@0HH 
states 
that5 
Mem$ers 
of 
the 
)rmed 
 -orces 
of 
the 
&hilippines 
and 
other 
persons 
 su$0ect 
to 
military 
law.). Ab#)# 5 . 
)ttendance 
in 
meetin s 
to 
discuss.efense.eltran 
for 
(e$ellion 
consisted 
 of 
 the 
 affidavits 
 and 
 other 
 documents. 
dated 
2H 
-e$ruary 
2007. 
2003 
at 
around 
1500 
a. 
:$. 
he 
saw 
 . 
as 
$asis 
 for 
the 
findin 
of 
pro$a$le 
cause 
a ainst 
. 
 
 
+ventually. 
 the 
 overnment 
 sent 
 ne otiators 
 to 
 dialo ue 
 with 
 the 
 soldiers. 
 punisha$le 
 under 
)rticle 
 137 
of 
the 
(evised 
&enal 
1ode..

e.. %he 
(%1. 
includin 
)rticle 
G7 
of 
the 
 )rticles 
of 
<ar. 
or 
local 
ordinances 
"'#ll b( &ri(! b) &'( prop(r +i. 
in 
the 
interest 
of 
0ustice. 
 
 
*iolations 
 of 
 these 
 specified 
 )rticles 
 are 
&ri#bl( b) +o r& m#r&i#l. 
%he 
(%1. LAD=AALAM 5 RE2ES "ssues5 .O2. 
is 
service4connected. 
has 
determined 
the 
offense 
 People vs. 
of 
the 
 )rticles 
of 
<ar.il +o r&. 
 
/ection 
 1 
 of 
 (. 
includin 
mem$ers 
of 
 the 
1iti!ens 
)rmed 
-orces 
#eo raphical 
Knits. 
the 
appellant 
 0umped 
from 
the 
window 
to 
the 
roof 
of 
a 
nei h$orin 
 • 4 . 
 
 
9ere. 
of 
the 
 )rticles 
of 
<ar 
is 
not 
service4connected. 
the 
military 
 tri$unal 
cannot 
compel 
them 
to 
su$mit 
to 
its 
 0urisdiction. . 
as 
determined 
$efore 
arrai nment 
 $y 
the 
civil 
court. 
i.<hether 
or 
not 
the 
court 
martial 
may 
assume 
 0urisdiction 
over 
those 
who 
have 
$een 
criminally 
 char ed 
of 
coup 
dBMtat 
$efore 
the 
re ular 
courts.i+(5+o$$(+&(!. 
@0HH 
 deprives 
civil 
courts 
of 
0urisdiction 
over 
service4 connected 
offenses. 
 9eld5 N+/.B 
-irstly. 
 NO.> 
 
<hat 
 the 
law 
has 
conferred 
the 
court 
should 
not 
ta'e 
 away. 
$e 
prosecuted 
$efore 
a 
 eneral 
 court 
martial 
for 
violation 
of 
)rticle 
G7 
:conduct 
 un$ecomin 
an 
officer 
and 
a 
 entleman. 
 
 
/econdly. 
 
 
)ccordin ly.il +o r&.e. 
 it 
 provides 
 the 
(6+(p&io$ to 
the 
 eneral 
rule. 
who 
 commit 
 crimes 
 or 
 offenses 
 penali!ed 
 under 
 the 
 (evised 
&enal 
1ode 
:li'e 
coup d’etat. 
on 
-e$ruary 
11. 
 No. 
 
 
NeCt. 
unli'e 
here 
 where 
different 
statutes 
are 
involved. 
$ut 
is 
 a$sor$ed 
in 
the 
crime 
of 
coup d’etat. 
the 
doctrine 
of 
Oa$sorption 
of 
crimesB 
 is 
peculiar 
to 
criminal 
law 
and 
 enerally 
applies 
to 
 crimes 
punished 
$y 
the 
same 
statute.. 
 
 
"t 
is 
only 
the 
1onstitution 
or 
the 
law 
that 
 $estows 
0urisdiction 
on 
the 
court.i+(5+o$$(+&(! +rim(" or o%%($"("C as 
=limi&(! &o &'o"( !(%i$(! i$ Ar&i+l(" </ &o :0. 
 
 
 &etitioners 
maintain 
that 
since 
the 
(%1 
has 
made 
a 
 determination 
in 
its 
Order 
of 
-e$ruary 
11."ol!i(r "'#ll b( &ri(! b) # 
+o r& m#r&i#l.> 
 
 
%he 
trial 
court 
then 
proceeded 
to 
hear 
 petitionersB 
applications 
for 
$ail. 
 
 
8astly. 
after 
conductin 
a 
reinvesti ation. 
 
 
9e 
recommended 
that 
 2G 
of 
the 
officers 
involved 
in 
the 
Oa'wood 
incident. 
the 
prosecution 
filed 
 with 
the 
(%1 
an 
)mended 
"nformation. Ar&i+l(" :2 &o 42. %he 
 second 
 para raph 
 of 
 the 
 same 
 provision 
 further 
i!($&i%i(" &'( B"(r. 
in 
his 
capacity 
as 
officer4 in4char e 
of 
the 
2)#O. 
Ma no.. IV.- - - - - natural 
or 
0uridical 
persons. 
$ut 
rather 
a$sor$ed 
and 
in 
 furtherance 
of 
the 
alle ed 
crime 
of 
coup d’etat. 
in 
 which 
case 
the 
offense 
shall 
$e 
tried 
$y 
 court4martial5 
provided. 
in 
ma'in 
 such 
declaration. 
1GG@. 1olonel 
2ulius 
). 
 includin 
petitioners. 
reviewed 
the 
findin s 
of 
the 
 &re4%rial 
"nvesti ation 
&anel. 
the 
law 
 states 
an 
(6+(p&io$ &o &'( (6+(p&io$. 
2004. 
2004 
that 
 the 
offense 
for 
violation 
of 
)rticle 
G7 
:conduct 
 un$ecomin 
an 
officer 
and 
a 
 entleman. 
$ody 
or 
 officer 
over 
the 
su$0ect 
matter 
or 
nature 
of 
an 
action 
 which 
can 
do 
so. 
/ection 
1 
of 
(. %he 
offense 
for 
violation 
of 
)rticle 
G7 
of 
the 
)rticles 
 of 
<ar 
is 
service4connected.<hether 
the 
doctrine 
of 
a$sorption 
of 
crimes 
is 
 applica$le. 
where 
the 
 &resident 
of 
the 
&hilippines. 
tri$unal. 
the 
 doctrine 
applies 
only 
if 
the 
trial 
court 
has 
0urisdiction 
 over 
$oth 
offenses. 
 policemen 
 proceeded 
 to 
 the 
 house 
 of 
 <alpan 
8ad0aalam 
and 
his 
wife 
to 
serve 
the 
search 
 warrant 
when 
they 
were 
met 
$y 
a 
volley 
of 
 unfire 
 comin 
from 
the 
second 
floor 
of 
the 
said 
house. 
 
%he 
trial 
court 
erred 
when 
it 
0ustified 
its 
rulin 
 $y 
holdin 
that 
the 
char e 
of 
1onduct 
Kn$ecomin 
 an 
Officer 
and 
a 
#entleman 
is 
Oa$sor$ed 
and 
in 
 furtherance 
to 
the 
alle ed 
crime 
of 
coup d’etat.). 
more 
than 
 thirty 
 :30. 
 @0HH 
 lays 
 down 
 the 
-($(r#l r l( 
that 
mem$ers 
of 
the 
)-& 
and 
other 
 persons 
su$0ect 
to 
military 
law. - - - to 
$e 
"(r. 
where 
the 
civil 
 court.). Ladjaalam (kim's past digest) Facts: • "n 
the 
afternoon 
of 
/eptem$er 
24. 
shall 
$e 
tried 
$y 
 the 
proper 
civil 
court 
eCcept 
when 
the 
 offense. 
other 
special 
 penal 
laws. 
i. &etitioners 
filed 
with 
the 
2ud e 
)dvocate 
#eneralBs 
 Office 
a 
motion 
prayin 
for 
the 
suspension 
of 
its 
 proceedin s 
until 
after 
the 
(%1 
shall 
have 
resolved 
 their 
motion 
to 
assume 
0urisdiction. 
$efore 
arrai nment. 
 %he 
 two 
 of 
 the 
 police 
 officers 
 proceeded 
 to 
 the 
 second 
floor 
where 
they 
earlier 
saw 
appellant 
firin 
 the 
rifle. 
%he 
. &'($ &'( o%%($!i$. 
 directs 
$efore 
arrai nment 
that 
#$) " +' +rim(" or o%%($"(" 
b( &ri(! b) &'( prop(r +i. 
practically 
amended 
the 
law 
which 
 eCpressly 
vests 
in 
the 
court 
martial 
the 
0urisdiction 
 over 
=service4connected 
crimes 
or 
offenses. 
issued 
an 
 Order 
statin 
that 
=all 
char es 
$efore 
the 
court 
 martial 
a ainst 
the 
accusedLare 
here$y 
declared $o& "(r. 
order 
or 
direct 
at 
any 
time 
$efore 
 arrai nment 
that 
any 
such 
crimes 
or 
offenses 
 $e 
tried 
$y 
the 
proper 
civil 
courts. 
 
 
%his 
 delineates 
 the 
 0urisdiction 
 $etween 
 the 
 civil 
 courts 
 and 
 the 
 court 
 martial 
 over 
 crimes 
 or 
 offenses 
 committed 
$y 
military 
personnel. 
the 
doctrine 
of 
a$sorption 
of 
 crimes 
is 
not 
applica$le 
to 
this 
case. 
that 
the 
&resident 
of 
 the 
&hilippines 
may. 
%hey 
 saw 
that 
it 
was 
the 
appellant 
who 
fired 
the 
M14 
rifle 
 towards 
them. 
 
%hus. #$! Ar&i+l(" 4< &o 4: > 
of 
 the 
)rticles 
 of 
 <ar. 
in 
the 
interest 
of 
 0ustice. 
found 
 pro$a$le 
cause 
a ainst 
only 
31 
of 
the 
321 
accused 
in 
 1riminal 
1ase.i+(5+o$$(+&(!. 
)s 
he 
noticed 
their 
presence.

9eld5 No. 
1877. 
 
is 
clear 
that 
the 
accused 
can 
$e 
convicted 
 of 
simple 
crime 
of 
ille al 
possession. 
 folded 
 aluminum 
 foils 
 inside. 
such 
defense 
cannot 
$e 
 iven 
 much 
credence. 
.. • 
 /everal 
firearms 
and 
ammunitions 
were 
recovered 
 from 
appellantBs 
house. 
 • • • 2. 
as 
amended. $or '#" '( b(($ -i.house.44. &rior 
to 
his 
arrai nment 
ipetitioner 
filed 
a 
Motion 
to 
 Auash 
contendin 
that 
he 
Fcannot 
$e 
prosecuted 
for 
 ille al 
possession 
of 
firearms 
.ut 
as 
held 
$y 
the 
 court. VILLAR0F 5 AG0ILERA F#+&"1 1. 
 
)s 
provided 
in 
/ection 
1 
of 
() 
82G4 
 
=if 
homicide 
or 
murder 
 is 
committed 
with 
the 
use 
of 
an 
unlicensed 
firearm 
such 
 u$li+($"(! %ir(#rm "'#ll b( +o$"i!(r(! #" #--r#. 
. ) 
 paraffin 
 test 
 was 
 conducted 
 and 
 the 
 casts 
 ta'en 
 $oth 
 hands 
 of 
 the 
 appellant 
 yielded 
 positive 
 for 
 unpowder 
nitrates. SR.cts 
. 
the 
accused 
failed 
to 
su$stantiate 
 his 
claims. %he 
accused 
also 
claims 
that 
the 
items 
sei!ed 
from 
his 
house 
 were 
planted 
and 
that 
he 
was 
framed 
up. %he 
relevant 
provision 
of 
(. 
.R. 
 )c3uisition. 
provided 
that 
 
=no 
other 
 crime 
was 
committed 
$y 
the 
person 
arrested. 
 /ection 
1 
of 
&residential 
. 
..#&i$+ir+ m"&#$+(. 
82G4 
4 
:ille al 
possession 
of 
firearm. 
. 
&ara raph 
2 
of 
(epu$lic 
)ct 
No. DG. 
. 
7447 
: un 
$an. 
 3. 
live 
 ammunitions 
of 
the 
same 
cali$er 
durin 
the 
election 
 period 
D 
. 
 3 
and 
/ection 
1. 
shall 
 $e 
imposed 
if 
the 
firearm 
is 
classified 
as 
hi h 
 powered 
firearm 
which 
includes 
those 
with 
$ores 
 $i er 
in 
diameter 
than 
. 
9e 
was 
su$se3uently 
arrested 
at 
the 
$ac' 
of 
 his 
house 
after 
a 
$rief 
chase. %he 
law 
: 
() 
82G4. No.38 
cali$er 
and 
G 
millimeter 
 such 
as 
cali$er 
..isposition 
or 
&ossession 
of 
-irearms 
or 
 )mmunition 
or 
"nstruments 
Ksed 
or 
"ntended 
to 
$e 
 Ksed 
in 
the 
Manufacture 
of 
-irearms 
or 
)mmunition.E ANGEL CELINO. 
 officers 
coupled 
with 
the 
presumption 
of 
re ularity 
of 
the 
 performance 
of 
the 
officers. %he 
%rial 
court 
convicted 
the 
accused 
with 
the 
direct 
 assault 
and 
multiple 
counts 
of 
attempted 
homicide.. 200:. 
 he 
cannot 
$e 
held 
 uilty 
of 
the 
separate 
offense 
of 
ille al 
 possession 
of 
firearms. 
200H 
to 
2une 
G. 
lon 
 ma a!ines 
each 
loaded 
with 
thirty 
:30. 
82G4 
reads5 /+1%"ON 
1.4H 
and 
also 
lesser 
 5 . 
 V. 
. 
 :(.> 
 9ere 
the 
accused 
was 
convicted 
of 
direct 
assault 
with 
multiple 
 attempted 
homicide 
for 
firin 
an 
unlicensed 
M14 
rifle 
at 
 several 
policemen 
who 
were 
a$out 
to 
serve 
a 
search 
warrant. "ssue5 
whether 
or 
not 
the 
accused 
is 
lia$le 
for 
the 
separate 
 offense 
of 
multiple 
homicide 
and 
ille al 
possession 
of 
 firearms. 
Neither 
can 
such 
unlawful 
act 
$e 
 considered 
to 
have 
a ravated 
the 
direct 
assault.". 
with 
violation 
of 
/ection 
 2 
:a. 
the 
 appellate 
court 
affirmed 
the 
trial 
court6s 
denial 
of 
the 
 Motion 
to 
Auash.($ # &'ori&) &o +#rr) %ir(#rms.).ecem$er 
1H. 
"n 
this 
case. 
 each 
 containin 
methamphetamine 
hydrochloride. 
. 
)lso 
found 
was 
a 
pencil 
case 
 with 
 fifty 
 :H0. 
of 
1OM+8+1 
(esolution 
No. 
if 
he 
was 
also 
 char ed 
of 
havin 
committed 
another 
crime 
of 
PsicQ 
 violatin 
the 
1omelec 
 un 
$an 
under 
the 
same 
set 
of 
 fa. 
2004 
D 
 without 
first 
havin 
o$tained 
the 
proper 
authority 
in 
 writin 
from 
the 
1ommission 
on 
+lections. CE*0 CIT2.ecree 
 No. Knlawful 
Manufacture. 
. 
)$sent 
any 
 showin 
of 
an 
improper 
motive 
on 
the 
part 
of 
the 
police 
 4. 
the 
defense 
of 
frame 
up 
is 
inherently 
wea'. 
2004 
said 
accused 
carried 
outside 
his 
 residence 
armalite 
rifle 
colt 
M17 
with 
two 
:2. F%he 
penalty 
of 
 
prision 
mayor 
in 
its 
minimum 
period 
 and 
a 
fine 
of 
%hirty 
thousand 
pesos 
:&30. 
. 
F 
 %he 
trial 
court 
denied 
the 
Motion 
to 
Auash. 
. . DELANO F. 1:0<62. CO0RT OF A.000. HON. 
. = $( 24.41.). 
is 
here$y 
further 
amended 
to 
 read 
as 
follows5 F/+1%"ON 
1.. 
 D 
. %wo 
separate 
informations 
were 
filed 
$efore 
the 
 (e ional 
%rial 
1ourt 
of 
(oCas 
1ity 
char in 
 petitioner 
)n el 
1elino 
/r. On 
May 
12. 
 the 
trial 
court 
also 
convicted 
him 
of 
separate 
offense 
 of 
ille al 
possession 
of 
firearms. 
/ale. R(+or!" "'o3 &'#& #pp(ll#$& '#! $o& %il(! #$) #ppli+#&io$ %or li+($"( &o po""("" %ir(#rm #$! #mm $i&io$.EALS.40.


 
 ))) 
immediately 
reported 
the 
incident 
and 
the 
neCt 
day. 
1877 
as 
 amended. 
82G4 
"lle al 
&ossession 
of 
-irearms 
and 
)mmunitions 
 $ecause 
it 
was 
shown 
that 
his 
license 
to 
carry 
eCpired 
on 
 2anuary 
2003. "t 
is 
only 
when 
there 
is 
a 
 
final 
determination 
of 
the 
 uilt 
of 
an 
 accused 
in 
the 
other 
crime 
that 
the 
court 
can 
set 
aside 
the 
 conviction 
on 
ille al 
possession 
of 
firearm. 
&+O&8+ 
:2012. F"f 
the 
violation 
of 
this 
/ection 
is 
in 
furtherance 
of 
or 
 incident 
to. 
1) 
ruled 
that 
the 
accused 
should 
$e 
convicted 
of 
 (ape 
3ualified 
with 
the 
use 
of 
a 
deadly 
weapon.m. 
%he 
accused 
pic'ed 
a 
 ara e 
 room 
and 
pushed 
))) 
out 
of 
the 
van. 
or 
 attempted 
coup 
d6etat. 
 
or 
a$sor$ed 
as 
an 
element 
of 
re$ellion. 
sedition 
or 
attempted 
coup 
d6etat.4H 
cali$er 
&eter 
/tahl 
pistol 
with 
serial 
num$er 
)414 
 and 
five 
:H. 
 "nstead 
of 
Ridnappin 
with 
(ape 
and 
violation 
of 
&.3H@ 
and 
cali$er 
. 
however.. 
1877 
as 
amended 
 $y 
(. 
7447 
: un 
$an.” "ssue5 
<?N 
1) 
was 
correct. SISON 5 ALAMEDA /"/ON 
*. 
<hen 
))) 
was 
the 
only 
passen er 
left 
in 
the 
van.. 
 
))) 
who 
was 
 a 
product 
support 
representative 
. 
ammunitions 
with 
an 
eCpired 
license 
to 
carry.i+&io$ r(" l&i$.. 
the 
latter 
had 
to 
$e 
ille ally 
 detained..). 
drew 
 her 
nearer 
to 
him. 
accused 
dra ed 
her 
upstairs 
and 
pushed 
her 
into 
the 
$ed. 
or 
in 
connection 
with 
the 
crime 
of 
 re$ellion 
or 
insurrection.cali$ered 
firearms 
$ut 
considered 
powerful 
such 
as 
 cali$er 
. 
%hat 
 no 
other 
crime 
was 
committed 
$y 
the 
person 
arrested. 
2003. 
$oth 
 violations 
can 
prosper 
separately. 
a 
$lac' 
Mitsu$ishi 
)dventure 
at 
the 
. 
%he 
word 
FcommittedF 
 ta'en 
in 
its 
ordinary 
sense. 
or 
attempted 
coup 
 d6etat. 
then 
the 
separate 
case 
for 
 ille al 
possession 
of 
firearm 
should 
continue 
to 
$e 
prosecuted. 
 
 whenever 
the 
crime 
of 
rape 
is 
committed 
with 
the 
use 
of 
a 
 deadly 
weapon 
or 
$y 
two 
or 
more 
persons. 
)pplyin 
 0urisprudence. 
sedition.22 
center4fire 
ma num 
and 
 other 
firearms 
with 
firin 
capa$ility 
of 
full 
automatic 
 and 
$y 
$urst 
of 
two 
or 
three5 
&rovided. 
of 
)pril 
17.il& b) %i$#l +o$. 
<ith 
the 
 un 
pointed 
at 
 her. 
or 
insurrection. 
 insurrection. 
as 
amended which 
says5 
“the penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor. <hen 
the 
other 
offense 
involved 
is 
one 
of 
those 
enumerated 
 under 
(. 
any 
information 
for 
ille al 
possession 
of 
 firearm 
should 
$e 
3uashed 
$ecause 
the 
ille al 
possession 
of 
 firearm 
would 
have 
to 
$e 
tried 
to ether 
with 
such 
other 
 offense. 
such 
violation 
shall 
$e 
a$sor$ed 
as 
an 
element 
 of 
the 
crime 
of 
re$ellion. F"f 
homicide 
or 
murder 
is 
committed 
with 
the 
use 
of 
 an 
unlicensed 
firearm. 
82G4. 
 the 
accused 
put 
his 
ri ht 
arm 
over 
)))6s 
ri ht 
shoulder. 
 
$(+(""#ril) impli(" # prior !(&(rmi$#&io$ o% . 
the 
 police 
was 
a$le 
to 
arrest 
the 
accused.%rom " ++(""% l pro"(+ &io$ or . 
of 
the 
(evised 
&enal 
1ode. 
the 
accused 
said 
that 
he 
and 
))) 
had 
consensual 
 seC 
and 
further 
alle es 
that 
))) 
was 
a 
small 
time 
prostitute 
 $ecause 
she 
was 
the 
one 
who 
offered 
herself 
to 
him. 9eld5 
)ccused 
is 
 uilty 
of 
rape. 
1877. 
 VI. 
 1onversely.. 
Knder 
)rticle 
2774.$oarded 
accusedBs 
passen er 
 van. 
and 
in 
li ht 
of 
the 
1onstitutional 
 presumption 
of 
innocence.ocaue 
toll 
 ate. 
 
 "t 
also 
found 
that 
there 
was 
no 
showin 
that 
the 
firearm 
he 
 carried 
on 
)pril 
1@. 
when 
the 
other 
offense 
involved 
is 
not 
one 
of 
 those 
enumerated 
under 
(. 
sedition. 
&. 
either 
considered 
as 
an 
a ravatin 
circumstance 
in 
 murder 
or 
homicide. 
"n 
 his 
defense. 
3ualified 
$y 
use 
of 
deadly 
 weapon. 
it 
is 
said 
that 
if 
the 
offender 
is 
only 
to 
rape 
the 
 victim 
and 
in 
the 
process. 
pointed 
a 
 un 
at 
her 
chest 
with 
his 
ri ht 
 hand 
while 
he 
continued 
drivin 
and 
proceeded 
to 
the 
%own 
 and 
1ountry 
Motel 
in 
/ta 
Mesa. 
 %he 
law 
is 
indeed 
clear. 
provided 
no 
other 
crime 
was 
 committed 
$y 
the 
person 
arrested. 
otherwise. 
the 
penalty 
shall 
$e 
 6 . 
82G4. 
%he 
accused 
can 
$e 
convicted 
of 
 ille al 
possession 
of 
firearms. 
 
 
 -acts5 
 )t 
around 
8500 
p. 
"t 
was 
 $ecause 
he 
only 
paid 
her 
700 
instead 
of 
800 
pesos 
that 
lead 
 ))) 
to 
file 
char es 
and 
cry 
rape. 
2003 
was 
not 
licensed 
or 
its 
license 
had 
 eCpired. 
 9eld5 
No. 
/he 
 sat 
at 
the 
front 
passen er 
seat 
as 
it 
was 
the 
only 
vacant 
seat 
at 
 that 
time. 
thus 
petitioner 
could 
only 
$e 
lia$le 
for 
carryin 
a 
 licensed 
firearm 
outside 
his 
residence 
under 
the 
last 
para raph 
 of 
/ection 
1. 
such 
use 
of 
an 
unlicensed 
 firearm 
shall 
$e 
considered 
as 
an 
a ravatin 
 circumstance.). 
 %he 
trial 
court 
%he 
(%1 
found 
the 
accused 
 uilty 
of 
 Ridnappin 
with 
(ape 
and 
violation 
of 
&. 
 
 " norin 
)))6s 
pleas 
he 
pinned 
her 
to 
the 
$ed 
stripped 
her 
 na'ed 
and 
raped 
her. 
%hey 
recovered 
from 
 him 
a 
. 
 %he 
1) 
affirmed 
the 
lower 
court6s 
decision 
with 
modification.ol $&#r) #!mi""io$. 
only 
the 
crime 
of 
rape 
is 
committed 
since 
ille al 
 detention 
is 
deemed 
a$sor$ed 
in 
rape.). "ssue5 
whether 
or 
not 
the 
court 
should 
set 
aside 
the 
char e 
for 
 ille al 
possession 
of 
unlicensed 
firearm 
since 
he 
was 
already 
 char ed 
with 
1OM+8+1 
(esolution 
No.

%he 
two 
cases 
were 
consolidated 
and 
0ointly 
tried 
$y 
the 
(%1 
 as 
 the 
 crimes 
char ed 
a ainst 
the 
 petitioner 
 arose 
 from 
the 
 "#m( i$+i!($&.
 )&&+)8/. 
the 
 petitioner 
was 
a$le 
to 
ta'e 
hold 
of 
the 
firearm 
and. 
par.. 
)tty."*"/"ON 
 and 
 +"#9%++N%9 
 . i. 
 in 
the 
process. 
%hereafter. 
appellant 
can 
no 
lon er 
 $e 
held 
lia$le 
for 
ille al 
possession 
of 
firearms. 
he 
 ended 
his 
speech 
and 
went 
to 
the 
 roup 
to 
as' 
them 
not 
to 
 distur$ 
 the 
 festivities. 
ille al 
 possession 
of 
firearms 
$ecomes 
merely 
an 
 a ravatin 
circumstance. 
%he 
petitionerBs 
$ody uards 
immediately 
too' 
hold 
 of 
his 
hand 
to 
prevent 
him 
from 
firin 
another 
shot.(r. 
1GGH 
fell 
within 
 the 
election 
 un 
$an 
period 
imposed 
$y 
the 
1ommission 
on 
 +lections 
:1OM+8+1. O$ r(+o$"i!(r#&io$ 
petitioner 
averred 
that 
1riminal 
1ase 
No. 
if 
the 
 =other 
crime> 
is 
murder 
or 
homicide.iol#&io$ o% (l(+&io$ . 142:2: =#$ #r) 4...LE OF THE . 
the 
petitioner. 
9e 
then 
returned 
the 
 firearm 
to 
&O3 
Kna0an. 
 was 
the 
 uest 
of 
honor 
durin 
the 
fiesta 
cele$ration 
in 
 . " +' 7 !-m($& m "& b( "(& #"i!(. 
-elipe 
Ma lana.4Hcali$er 
pistol. 
 
 A" &o &'( +'#r-( o% Ho3(. 
 1) 
 ruled 
 that 
 under 
 prevailin 
 0urisprudence 
 there 
can 
$e 
no 
separate 
offense 
of 
simple 
ille al 
possession 
of 
 firearm 
if 
the 
unlicensed 
firearm 
is 
used 
in 
the 
commission 
of 
 any 
crime. 
9ence. 
of 
the 
Omni$us 
+lection 
1ode in 
 modifyin . 
we 
laid 
down 
the 
 correct 
interpretation 
of 
the 
law 
and 
ruled5 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 C 
C 
C 
 
A "impl( r(#!i$. No.aran ay 
.aran ay 
. /hamed 
$y 
the 
insults 
hurled 
at 
him.HILI.R.. 
 neither 
should 
we. 
provided 
that 
 =no 
other 
crime 
was 
committed 
$y 
the 
person 
 arrested.INES 
 and 
 %9+9ONO(). 
two (2 separate !nformation charging him !llegal Possession of "irearms and #mmunitions and violation of the election gun ban under during the $lection Period of the %ay &' ())* $lection. 
the 
Municipal 
Mayor 
of 
)lma ro. 
 the 
petitioner 
 admitted 
 the 
 followin 
facts5 
first. 
%he 
prosecution 
was 
a$le 
to 
 sufficiently 
alle e 
in 
the 
"nformation. 
went 
$ac' 
to 
his 
ta$le. 
the 
petitioner 
delivered 
a 
 speech.. +. 
with 
the 
loaded 
 firearm 
in 
hand.iason 
that 
was 
held 
on 
)pril 
3. 
 dismissin 
 the 
 case 
 for 
 ille al 
 possession 
of 
firearms 
and 
convicted 
in 
 
*iolation 
of 
/ection 
 271. 9( %i$! &'#& '( +#$ $o lo$-(r b( '(l! li#bl( %or " +' o%%($"( "i$+( #$o&'(r +rim( 3#" +ommi&&(!. 
 it 
should 
have 
eCpressly 
said 
so. &'( pro! +&io$ o% &'( %ir(#rm i&"(l% i" $o& r(I ir(! %or +o$.EO. 
it 
held 
that 
there 
 was 
no 
necessity 
on 
the 
part 
of 
the 
prosecution 
to 
prove 
that 
 the 
petitioner 
had 
no 
license 
or 
permit 
to 
possess 
a 
firearm 
 since 
the 
same 
had 
already 
$een 
admitted 
$y 
the 
petitioner 
 durin 
the 
trial. 
where 
the 
law 
does 
not 
distin uish. 
 1+. 
 promptin 
&O3 
1onrado 
Kna0anto 
draw 
his 
firearm 
from 
his 
 holster 
to 
pacify 
the 
unruly 
crowd. 
the 
 moc'in 
continued. 
causin 
the 
crowd 
to 
scamper 
 for 
safety. 
 the 
 1) 
 held 
 that 
 he 
 can 
 no 
 lon er 
$e 
convicted 
for 
ille al 
possession 
of 
firearm."*"/"ON.8+1OK(%O. 
that 
)pril 
3. 
that 
a 
 un 
was 
used 
in 
the 
commission 
of 
rape. 
*erily. r#p(. 
2r. 2018 RA0L *. 
1onsiderin 
that 
the 
petitioner 
was 
convicted 
of 
 violation 
 of 
 election 
 un 
 $an. the 
petitioner 
pleaded 
not 
 uilty 
to 
$oth 
char es. 
 1OK(% 
 O. 1) 
 issued 
 a 
 resolution 
 and 
 partly 
 ranted 
 the 
 petitionerBs 
 motion 
 for 
 reconsideration. 
statin 
that 
he 
had 
never 
won 
at 
. 
the 
petitioner 
cut 
short 
 his 
speech 
and. ESCALANTE. 
 )fter 
the 
crownin 
ceremony. 
 )&&+)8/. ESCALANTE V . 
. 
9owever.e. 
a 
shot 
was 
accidentally 
fired. 
 /ince 
direct 
assault 
with 
multiple 
attempted 
homicide 
 was 
committed 
in 
this 
case. the 
1) 
affirmed 
in 
toto 
 
and 
said 
that 
i$ #$ i$!i+&m($& %or ill(-#l po""(""io$ o% %ir(#rm" #$! #mm $i&io$" #$! . 
1GGH. 
thereafter.i+&io$ %or ill(-#l po""(""io$ o% %ir(#rm". 
the 
emcee 
 called 
on 
the 
petitioner 
and 
"na 
(e$uya 
to 
crown 
the 
fiesta 
 3ueen.iason 
in 
 any 
election. 
/amar. 
and 
esta$lish 
durin 
 trial. 
that 
he 
was 
not 
issued 
any 
license 
to 
 possess 
any 
firearmE 
and 
second.LE 5 *AHER G.".> 
"f 
the 
intention 
of 
the 
law 
in 
the 
second 
 para raph 
were 
to 
refer 
only 
to 
homicide 
and 
murder. 
 
 
 
 
 
 
 
 
 
 
 
"n 
People v. 
 7 .K 
1"%N. 
:. 
went 
to 
the 
ta$le 
occupied 
$y 
his 
political 
 rivals 
and 
 
fired 
a 
shot 
upwards. 
2ud e 
8oren!o 
which 
declared 
that 
an 
accused 
is 
not 
 lia$le 
for 
ille al 
possession 
of 
firearm 
if 
the 
firearm 
was 
used 
 in 
the 
commission 
of 
an 
offense 
such 
as 
a 
violation 
of 
the 
 election 
 un 
$an.&'(r(o% "'o3" &'#& i% #$ $li+($"(! %ir(#rm i" "(! i$ &'( +ommi""io$ o% #$) +rim(. #" &o p(&i&io$(rG" +o$. 9is 
version 
of 
%he 
events 
was 
 
that 
while 
he 
was 
deliverin 
 his 
speech 
 
a 
 roup 
of 
people 
were 
shoutin 
insults 
at 
him. 
%hereupon.thus. 
went 
$ac' 
to 
his 
ta$le.. 
9e 
was 
 disarmed 
after.rendered a judgment finding the petitioner guilty beyond reasonable doubt of the crimes of violation of election gun ban and illegal possession of firearms and ammunitions. 
<hen 
the 
petitioner 
saw 
 this. 
Ma lana 
 noticed 
that 
the 
petitioner 
had 
a 
firearm 
tuc'ed 
on 
his 
waist. 
 %he 
 roup. Ladjaalam.EO. 
sayin 
 
that 'i" "#i! po""(""io$ 3#" i$+i!($&#l.$ b#$. 
not 
a 
separate 
offense. &'(r( +#$ b( $o "(p#r#&( o%%($"( o% "impl( ill(-#l po""(""io$ o% %ir(#rm". F#+&"1 
petitioner. 
%his 
cau ht 
the 
ire 
of 
a 
 roup 
of 
supporters 
of 
 the 
rival 
political 
party 
who 
then 
shouted 
invectives 
at 
the 
 petitioner.i+&io$ also. 
he 
tried 
to 
ta'e 
the 
firearm 
away 
from 
&O3 
Kna0an 
and. 
 3824 
 for 
 ille al 
 possession 
 of 
 firearms 
 and 
 ammunitions 
 should 
$e 
dismissed 
pursuant 
to 
the 
rulin 
of 
this 
1ourt 
in 
 ) ote 
v. 
to ether 
 with 
&O3 
Kna0an. 
as 
it 
did 
in 
the 
third 
 para raph.urin 
 the 
 pre4trial 
 conference.reclusion perpetua 
to 
death. 
:3. VII. 
%he 
petitioner 
went 
to 
fetch 
"na 
(e$uya 
who 
was 
 seated 
to ether 
with 
)tty. 
 continued 
 to 
 moc' 
 him. 
 -O(M+( 
 /&+1")8 
 %<+N%"+%9 
 . 
 . 
 %he 
law 
is 
clear5 
the 
accused 
can 
$e 
convicted 
of 
 simple 
ille al 
possession 
of 
firearms.


 3. 
 )s 
 
 to 
 penalties. 
which 
shall 
not 
eCceed 
siC 
:7. 
11427@. 
274. 
the 
eCistence 
of 
the 
su$0ect 
firearm 
and 
 :$. 
 )ccordin ly. 
the 
(%1 
and 
the 
1) 
erred 
in 
imposin 
a 
strai ht 
 penalty 
of 
one 
:1. 
J 
)ny 
person 
found 
 uilty 
of 
any 
election 
 offense 
under 
this 
1ode 
shall 
$e 
punished 
with 
imprisonment 
 of 
not 
less 
than 
one 
year 
$ut 
not 
more 
than 
siC 
years 
and 
shall 
 not 
$e 
su$0ect 
to 
pro$ation. 
. 
reads5 /ec. 
the 
 uilty 
party 
shall 
 $e 
sentenced 
to 
suffer 
dis3ualification 
to 
hold 
pu$lic 
office 
 and 
deprivation 
of 
the 
ri ht 
of 
suffra e. 
was 
in 
fact 
in 
the 
possession 
of 
&O3 
Kna0an 
and 
 that 
it 
was 
only 
when 
he 
wrestled 
the 
firearm 
away 
from 
the 
 latter 
 that 
 he 
 was 
 a$le 
 to 
 possess 
 it. 
 lower 
 courts 
 erred 
 in 
 imposin 
 the 
 applica$le 
penalty 
a ainst 
the 
petitioner.(. 
:#.O("MON. 
"n 
addition. 
filed 
under 
rule 
7H 
certiorari 
dismissed 
since 
"t 
should 
$e 
4H 
 which 
period 
has 
already 
lapsed.
*"O8)%"ON 
O.& 
881. 8 . 
 the 
 imposa$le 
 penalty 
for 
violation 
of 
the 
election 
 un 
$an 
should 
have 
a 
 maCimum 
period. 
&enalties./+N% 9+8. 
 
thus 
such 
findin 
is 
$indin . 
"f 
he 
is 
a 
forei ner.ecem$er 
1@.5 
%he 
petition 
is 
dismissed. 
and 
a 
 minimum 
period 
which 
shall 
not 
$e 
less 
than 
one 
:1. the 
 petitioner 
 was 
 in 
 possession 
 of 
 a 
 firearm 
 with 
 live 
 ammunition 
outside 
of 
his 
residence 
within 
the 
period 
of 
the 
 election 
 un 
$an 
imposed 
$y 
the 
1OM+8+1 
sans 
authority 
 therefor 
is 
a 
findin 
of 
fact 
$y 
the 
(%1 
and 
the 
1) 
which 
 cannot 
$e 
distur$ed 
$y 
this 
1ourt 
in 
this 
ori inal 
action 
for 
 certiorari. 
1) 
is 
correct 
and 
accused 
 already 
admitted 
the 
facts 
 
 1. 
%he 
penalty 
imposed 
$y 
the 
(%1 
was 
affirmed 
 $y 
the 
1). 
he 
 shall 
$e 
sentenced 
to 
deportation 
which 
shall 
$e 
enforced 
after 
 the 
prison 
term 
has 
$een 
served. 
&+O&8+ 
vs. 
 2. 
years. 
year 
imprisonment 
a ainst 
the 
petitioner. 
 the 
 fact 
 that 
 the 
 accused 
 who 
 owned 
 or 
 possessed 
 the 
 firearm 
does 
not 
have 
the 
correspondin 
license 
or 
permit 
to 
 possess.u 
since 
"t 
was 
already 
final 
$ecause 
of 
improper 
remedy 
 
the 
 penalty 
0ud ed 
$y 
the 
1) 
stays. 
the 
(%1 
 imposed 
 upon 
 him 
 the 
 strai ht 
 penalty 
 of 
 one 
 :1. 
in 
part. 
 %he 
 petitioner 
 claimed 
 that 
 the 
 1) 
 ravely 
 a$used 
 its 
 discretion 
 when 
 it 
 affirmed 
 his 
 conviction 
 for 
 violation 
of 
election 
 un 
$an 
considerin 
that 
the 
fact 
of 
his 
 possession 
of 
the 
firearm 
was 
not 
sufficiently 
esta$lished. 
 9is 
 possession 
 of 
 the 
 firearm 
is 
merely 
incidental 
and 
would 
not 
suffice 
to 
convict 
 him 
for 
violation 
of 
election 
 un 
$an.)N 
"/ 
 ).
1OM+8+1 
#KN 
. 
9e 
 averred 
that 
the 
firearm. 
 "n 
 merits 
 . 
 )dditional5 SSSS"n 
 cases 
 involvin 
 ille al 
 possession 
 of 
 firearm. 
 . . 
/ection 
274 
of 
. 
C 
C )pplyin 
 the 
 "ndeterminate 
 /entence 
 8aw. 
 the 
 re3uisite 
elements 
are5 :a. 
-indin 
the 
petitioner 
 uilty 
of 
the 
offense 
of 
violation 
of 
election 
 un 
$an. 
No.
%9+ 
 O--+N/+ 
O. 
 year 
 imprisonment. 
1GGG.)ppeal 
to 
/1 
 I"" (5 
<ON 
1) 
is 
correct 
 <ON 
one 
of 
the 
+//+N%")8 
+8+M+N%/ 
O. 
year. 
alle ed 
to 
$e 
possessed 
$y 
him 
durin 
 the 
incident.

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