I.

Jomar cannot be held liable for illegal possession of firearms under PD 1866 under
the Omnibus Election Code

a. He had the licenses required under PD 1866

b. There is not enough evidence to file a case against him under the two laws
i. The gun is inadmissible as evidence

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.

Complementing this provision is the exclusionary rule embodied in Section 3(2)

of the same article

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

ii. He was not assisted by counsel during the custodial investigation

Rule 15. CUSTODIAL INVESTIGATION

SECTION 1. Duties of the Police During Custodial Investigation
1. The arresting officer, or the investigator, as the case may be, shall ensure
that a person arrested, detained or under custodial investigation shall, at all
times, be assisted by counsel, preferably of his own choice;

Failure of the arresting officer, or the investigator, to observe the above

mentioned procedures shall render the extrajudicial confession inadmissible as
evidence in any proceeding;

c. He cannot be filed under the two special laws at the same time

Section 1 of RA 8294 amending PD 1866 provides that the carrier of the firearm
shall only be liable under PD 1866 provided that no other crime was committed.

"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of

firearms or ammunition or instruments used or intended to be used in the
manufacture of firearms or ammunition. – The penalty of prision correccional in
its maximum period and a fine of not less than Fifteen thousand pesos (P15,000)
 shall be imposed upon any person who shall unlawfully manufacture, deal in,
acquire, dispose, or possess any low powered firearm, such as rimfire handgun,
.380 or .32 and other firearm of similar firepower, part of firearm, ammunition,
or machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition: Provided, That no other crime was
committed.

II. Jomar is entitled to damages

a. He was illegally arrested
b. He was illegally detained

The officer had no personal knowledge of the crime committed by Jomar. He

was arrested immediately. Thereafter, the arresting officer asked for his licenses.

Kinds of arrest:
1. Arrest ordered by a judge as when a contemptuous act is committed before him;
2. Arrest withouta warrant effected by a private person or peace officer in any of the
instances set forth in section 5, rule 113;
3. Arrest without warrant of arrest;
4. Arrest ordered by a judge after finding probable cause.

Section 5. Arrest without warrant; when lawful. — A peace officer or a private person
may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or 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)